Ordinance No. 2020-32 - Micromobility DevicesCITY OF CLERMONT
C�A6fa-viw ORDINANCE NO.2020-32
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, AMENDING CHAPTER 54 "STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES", ARTICLE V, "PARKS
AND RECREATION AREAS", AMENDING SECTION 54-122
"DEFINITIONS"; CREATING NEW SECTION 54-129 "BICYCLES,
MICROMOBILITY DEVICES AND MOTORIZED SCOOTERS" OF THE
CITY CODE, PROVIDING FOR DEFINITIONS, PROHIBITION OF
OBSTRUCTION OF STREETS, SIDEWALKS AND TRAILS,
PROHIBITION OF MOTORIZED SCOOTERS AND MICROMOBILITY
DEVICES IN CITY PARKS AND ON CITY TRAILS, AND STAGING OF
BICYCLES, MICROMOBILITY DEVICES AND MOTORIZED
SCOOTERS; RENUMBERING "ENFORCEMENT; PENALTIES" TO
SECTION 54-130 OF THE CLERMONT CITY CODE; PROVIDING FOR
CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont recognizes that the State of Florida
has expanded the rights of motorized scooter and micromobility device operators within the state
and expanded the areas where micromobility device and motorized scooter operators may operate
these devices under Section 316.2128, Florida Statutes; and
WHEREAS, Section 316.2128, Florida Statutes provides operators of motorized scooters
and micromobility devices with the same rights and duties of the operator of a bicycle; and
WHEREAS, the City finds the proliferation of motorized scooters and micromobility
devices in city parks and on city trails has dramatically increased the risk of injuries related to
micromobility device and motorized scooter operators colliding with pedestrians and bicyclists in
City parks or on City trails; and
WHEREAS, the narrow paths and high pedestrian and bicycle traffic in City Parks,
including, but not limited to, the City's system of trails create unique hazards to pedestrians and
bicycle operators and operators of micromobility devices, motorized scooters, and bicycles not
present in most cities; and
WHEREAS, motorized scooters and micromobility devices present a greater risk to riders
and pedestrians than devices propelled by human power such as bicycles; and
WHEREAS, a study conducted by the Journal of American Medicine found that 94.3% of
observed micromobility device riders were not wearing helmets and that only 4.4% of
micromobility device riders admitted to the hospital were wearing a helmet at the time of the
accident; and
CLEAtir CITY OF CLERMONT
�d ORDINANCE NO.2020-32
WHEREAS, micromobility devices, motorized scooters, and bicycles parked improperly
create dangerous conditions for pedestrians, particularly the disabled residents of the City; and
WHEREAS, Section 316.2128, Florida Statutes expressly reserves local authority and
jurisdiction to regulate micromobility devices and motorized scooters to the extent authorized by
Section 316.008, Florida Statutes; and
WHEREAS, the City recognizes that Section 316.008(1)(a), Florida Statutes authorizes
municipalities to regulate or prohibit "stopping, standing, or parking," and
WHEREAS, the City recognizes that Section 316.008(7)(a), Florida Statutes authorizes
municipalities to "permit, control, or regulate" vehicles operating in City parks or on City owned
trail systems, including micromobility devices, bicycles, and motorized scooters; and
WHEREAS, notwithstanding that Section 316.1995, Florida Statutes, with limited
exceptions, prohibits operation of vehicles on sidewalks, including micromobility devices and
motorized scooters except to the extent a micromobility device or motorized scooter is propelled
by human power, and this Ordinance reiterates such prohibitions; and
WHEREAS, the City finds a regulatory measure is necessary to mitigate the risks and
dangers posed by motorized scooters and micromobility devices in specified areas within the City.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of
Clermont, Florida as follows:
SECTION 1: RECITALS
The above recitals are true and correct, are adopted and incorporated herein, and constitute the
legislative findings and legislative intent of the City Council of the City of Clermont.
SECTION 2
Chapter 54, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, Article V, Parks and
Recreation Areas, Section 54-112 Definitions is amended to read as follows (note strikethrough
indicates removed words and underlined indicates added):
See.54-112. Definitions.
The following words, terms and phrases when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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CLE CITY OF CLERMONT
dd. ORDINANCE NO.2020-32
City park means land owned or maintained by the City of Clermont and which is designated
as a public park or public recreation area by the city's comprehensive plan (recreation and open
space element), by a resolution adopted by the city council, or by dedication that has been
accepted by the city council. Included in the definition of the term "city park" are the city's
special use facilities (for example, arts and recreation center) and all natural resources, wildlife,
facilities, improvements, waters and materials in, on or under the lands so designated. Properties
in any system of trails owned by the city are intended to be designated as a city park.
Bicycle means every vehicle propelled solely y human power, and every motorized bicycle
1ropelled by a combination of human power and an electric helper motor designed to or capable
of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which
any person may ride, having two tandem wheels, and including any device generally recognized
as a bicycle though equipped with two front or two rear wheels.
Motorized scooter means any vehicle or micromobility device that is powered by 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 designed to or capable of propelling the vehicle at a speed
greater than 20 miles per hour on level ground as defined by F1a.Stat. § 316.003(45). An Electric
Personal Assistive Mobility Device as defined in Fla. Stat. §316.003 (22), shall not be considered
a motorized scooter hereunder.
Micromobility device means 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 designed or capable of travelingat a speed greater than 20 miles per hour on level
ground as defined by Fla. Stat. & 316.003(38).
Stage or Sta, -_g means the unauthorized parking and or placing of bicycles, micromobility
devices and motorized scooters on public property for the purpose of advertising or displaying
such micromobility devices to the general public for use or rental.
SECTION 3
Chapter 54, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, Article V, Parks and
Recreation Areas, is amended to create Section 54-129 to read as follows (note strikethrough
indicates removed words and underlined indicates added):
Sec. 54-129. Bicycles, Micromobility Devices and Motorized Scooters.
(aa) No bicycle, micromobility device or motorized scooter shall be parked, staged
abandoned or otherwise left upon any street, right-of-way or sidewalk in such a manner as to
obstruct traffic, either of vehicles or pedestrians, or to obstruct any stopping or parking space.
CLEA CITY OF CLERMONT
— ORDINANCE NO.2020-32
(b) It shall be unlawful to operate any motorized scooter or micromobility devices in
or upon the city parks, including but not limited, to any trail or path of the Cit�desigped and
dedicated for non -motor vehicle, bicycle or pedestrian traffic.
fc) It shall be unlawful to stage micromobility devices and motorized scooters within
the limits of the Citv.
SECTION 4
Chapter 54, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, Article V, Parks and
Recreation Areas, is amended to renumber Section 54-129 Enforcement; penalties" to read as
follows (note strikethrough indicates removed words and underlined indicates added):
Sec. 544-2A 130. Enforcement; penalties.
City law enforcement and code enforcement officers, the parks and recreation director or
authorized designee, and the city manager or authorized designee shall be responsible for
enforcing the provisions of this article, and shall have the authority to order any person or persons
acting in violation of this article to leave the city park. It is unlawful for a person to remain in
the city parks when the person is asked to leave the city park by a city official pursuant to this
section.
SECTION 5: CONFLICT
All Ordinances or parts of Ordinances, all City Code Sections or parts of City Code Sections, and
all Resolutions or parts of Resolutions in conflict with this Ordinance are hereby repealed to the
extent of such conflict.
SECTION 6: SEVERABILITY
Should any provision of this Ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other
than the part declared to be invalid.
SECTION 7: ADMINISTRATIVE CORRECTION
Regardless of whether such inclusion in the Code as described in Section 8 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 8: CODIFICATION
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CITY OF CLERMONT
ClF d�� ORDINANCE NO.2020-32
The text of Sections 2, 3 and 4 of this Ordinance shall be codified as a part of the Clermont City Code.
The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
SECTION 9: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
COCITY OF CLERMONT
�,i %IT ORDINANCE NO.2020-32
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 22"d day of September, 2020.
T:
Tracy Ackr d Howe, City Clerk
LEGAL IN FORM AND
VALID A TED
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Gail L. Ash, Mayor
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