HomeMy Public PortalAbout2024-06 Finding a public emergency and prohibiting electric bicycles, motorized scooters and other motorized mobility devices on all streets and sidewalks under the Village's jurisdictionO RD IN A N C E N O . 20 2 4 -0 6
A N E M E R G E N C Y O RD IN A N C E O F T H E V IL L A G E O F
K E Y B I S C A Y N E , F L O RI D A , F IN D IN G A P U B L IC
E M E R G E N C Y A N D P R O H IB IT IN G E L E C T R IC
B IC Y C L E S , M O T O RI Z E D SC O O T E R S , A N D O T H E R
M O T O RI Z E D M O B IL IT Y D E V IC E S O N A L L ST R E E T S
A N D S ID E W A L K S U N D E R T H E V IL L A G E 'S
J U RI S D IC T IO N ; P R O V ID IN G F O R E N F O R C E M E N T ;
P R O V ID IN G F O R IM P L E M E N T A T IO N ; P R O V ID IN G F O R
C O N F L IC T S ; P R O V ID IN G F O R SE V E RA B IL IT Y ; A N D
P R O V ID IN G F O R A N E F F E C T IV E D A T E .
W H E RE A S , the operation of electric bicycles and motorized scooters on streets and
sidewalks within the Village has tremendously increased over the last couple of years; and
WHEREAS, this increase in the operation of electric bicycles and motorized scooters as
well as the Village's heavily traveled and narrow streets, has resulted in a number of accidents
within the Village and has created an unsafe environment for pedestrians, bicyclists, and other
vehicles and is incompatible with the normal and safe movement of traffic within the Village; and
WHEREAS, over the last year, the Village adopted an ordinance regarding the use of such
vehicles within the Village's parks, increased enforcement of Village and State regulations,
worked with County and State officials to try to strengthen existing regulations, and engaged in a
substantial public education campaign regarding safe operation of electric bicycles and motorized
scooters; and
WHEREAS, Miami-Dade County is considering the adoption an ordinance, which will
allow the Village to enforce electric bicycles and motorized scooter regulations on Crandon
Boulevard, including sidewalks; and
W H E RE A S , despite the Village's efforts in promoting safety and enforcing existing law,
a tragic accident involving an electric bicycle on a Village street recently occurred resulting in a
Village resident's loss of life; and
WHEREAS, other motorized mobility devices such as powered boards, powered
skateboards, powered skates, powered hoverboards, or other similar powered personal mobility
devices present similar safety and compatibility concerns to pedestrians, bicyclists, and vehicles;
and
WHEREAS, as a result of this tragic accident and the unsafe environment created by the
continued operation of electric bicycles, motorized scooters, and other motorized mobility devices
the Village Council finds that there is a public emergency affecting life, health and property within
the Village regarding the continued use of such vehicles and devices without further regulation by
the State, Village and County; and
WHEREAS, as such, the Village Council finds its necessary to adopt an Emergency
Ordinance pursuant to Section 4.04 of the Village Charter and Section 166.041, F.S., and to
exercise its authority pursuant to the Florida Constitution, Section 166.021, F.S, Section 316.008,
F.S., and the Village Charter to prohibit electric bicycles and motorized scooters on all streets and
sidewalks under the Village's jurisdiction; and
WHEREAS, the Village Council finds that adoption of this Emergency Ordinance is in
the best interest of the life, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1
1 Coding: 8trikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highli hted d€l~1bl~ Btrilrntl~rnugll and double underline
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S e c tio n 1. Recitals. That the above-stated recitals are true and correct and are
incorporated herein by this reference.
Section 2. Emergency Finding. The Village Council hereby finds, pursuant to Section
4.04 of the Village Charter and the recitals incorporated herein, that a public emergency exists
affecting life, health, and property within the Village regarding the operation of Electric Bicycles
and Motorized Scooters on all streets and sidewalks under the Village's jurisdiction.
Section 3. Prohibition of Electric Bicycles. The operation of Electric Bicycles are
prohibited on all streets and sidewalks under the Village's jurisdiction. Crandon Boulevard,
including sidewalks, is under the jurisdiction of Miami-Dade County. As such, Electric Bicycles
may be permitted on Crandon Boulevard, including sidewalks, in accordance with State and
Miami-Dade County rules and regulations. For purposes of this Emergency Ordinance, Electric
Bicycles are defined as provided in Section 316.003(23), F.S. as follows:
ELECTRJC BICYCLE. A bicycle or tricycle equipped with fully operable pedals, a seat
or saddle for the use of the rider, and an electric motor of less than 750 watts which meets
the requirements of one of the following three classifications:
(a) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling and that ceases to provide assistance
when the electric bicycle reaches the speed of 20 miles per hour.
(b) "Class 2 electric bicycle" means an electric bicycle equipped with a motor that may
be used exclusively to propel the electric bicycle and that ceases to provide assistance when
the electric bicycle reaches the speed of 20 miles per hour.
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( c) "Class 3 electric bicycle" means an electric bicycle equipped with a motor that
pro vides assistance only when the rider is pedaling and that ceases to provide assistance
when the electric bicycle reaches the speed of 28 miles per hour.
Section 4. Prohibition of Motorized Scooters. The operation of Motorized Scooters
are prohibited on all streets and sidewalks under the Village's jurisdiction. Crandon Boulevard,
including sidewalks, is under the jurisdiction of Miami-Dade County. As such, Motorized
Scooters may be permitted on Crandon Boulevard, including sidewalks, in accordance with State
and Miami-Dade County rules and regulations. For purposes of this Emergency Ordinance,
Motorized Scooters are defined as provided in Section 316.003( 48), F.S. as follows:
MOTORIZED SCOOTER. Any vehicle or micromobility 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 vehicle at a speed
greater than 20 miles per hour on level ground. The term does not include an electric
bicycle.
Section 5. Prohibition of Other Motorized M obility Devices. The operation of other
motorized mobility devices are prohibited on all streets and sidewalks under the Village's
jurisdiction. Crandon Boulevard, including sidewalks, is under the jurisdiction of Miami-Dade
County. As such, other motorized mobility devices may be permitted on Crandon Boulevard,
including sidewalks, in accordance with State and Miami-Dade County rules and regulations. For
purposes of this Emergency Ordinance, Other Motorized Mobility Devices shall be defined as
follows:
OTHER MOTORIZED MOBILITY DEVICES. Any personal 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
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on one or more wheels including, but not limited to, powered boards, powered skateboards,
powered skates, powered hoverboards, or other similar powered personal mobility devices.
This definition shall not include golf caiis.
Section 6. Disability Mobility Vehicles or Devices. The provrsions of this
Emergency Ordinance do not apply to a person with a disability who uses a motorized wheelchair
or other motorized mobility vehicle or device.
Section 7. Enforcement. Following adoption of this Emergency Ordinance, the
Village shall engage in public education efforts to inform the public of the provisions of this
Ordinance. The Village Police shall enforce all provisions in this Emergency Ordinance. Penalties
for violations of the provisions of this Emergency Ordinance shall be enforced through Chapter 2
of the Village Code. Violations of the provisions of this Emergency Ordinance shall be on a per
occurrence basis and subject to the following penalties:
(1 ) First Violation: $250.00.
(2) Second and Subsequent Violations: $500.00.
Section 8. Implementation. That the Village Manager is hereby authorized to take
any and all action necessary to implement the purpose of this Emergency Ordinance.
Section 9. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 10. Severability. That the provisions of this Emergency Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Emergency Ordinance shall
for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Emergency Ordinance but they
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s h a ll r e m a in in e ffe c t , it b e in g th e le g is la tiv e in te n t th a t th is E m e r g e n c y O r d in a n c e s h a ll s ta n d
n o t w it h s t an d in g t h e in v a li d ity o f an y p a r t.
Sect ion 11 . E ffect ive D ate. That this Emergency Ordinance shall become effective
immediately upon adoption. However, pursuant to Section 4.04 of the Village Charter, it shall be
automatically repealed as of the sixty-first (61st) day following the effective date.
PA SSE D A N D AD O PT E D as the Emergency Ordinance on the 16th day of February,
2024.
\
MAYOR
ATTEST:
JSt~~4{ocJ½
VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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