Operations; remedies

(a)

No one under the age of 18 shall operate a motorized scooter. Persons under 18 years of age may not be motorized scooter users or passengers. No more than one person, 18 years of age or older, may ride a motorized scooter at any one time. There shall be a fine of $100.00 imposed for each instance that an unregistered person is found to be a user or passenger.

(b)

Operators shall comply with all applicable rules, regulations, and laws, including any additional rules and regulations promulgated by the city manager, or his or her designee. Operators should encourage the use of a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the federal safety standard for bicycle helmets, Final Rule, 16 C.F.R. Part 1203.

Motorized scooter users shall be subject to all rules, regulations, and laws, including any additional rules and regulations promulgated by the city manager, or his or her designee, applicable to motorized scooter user, except those which, by their very nature, can have no application. The city manager may consider the following factors in promulgating the rules: The National Association of City Transportation Officials recommendations, inclusive of, cities should require licensees/operators to come to agreement with the city on procedures and protocols for:

• Extreme weather (e.g. blizzards, hurricanes, floods)

• Emergencies (e.g. earthquakes, fires, etc.)

• Special events (e.g. marathons, events, parades, film shoots, etc.)

• Maintenance (e.g. debris and trash removal) for small vehicle parking zones. Operators shall at all times maintain a staffed operations center within the city;

(c)

Operators shall maintain a 24-hour customer service phone number prominently posted on each motorized scooter for customers and citizens to report safety concerns, make complaints, ask questions, or request that a motorized scooter(s) be relocated.

(d)

Operators shall provide the city with the contact information for someone who can rebalance, remove, and/or relocate motorized scooter(s). The operator shall rebalance, remove, and/or relocate a motorized scooter(s) within two hours of receiving notification from the city. An operator shall notify the city within 24 hours of a change in contact information.

(e)

Any motorized scooter that is removed due to maintenance or safety issues shall be repaired before being returned to service.

(f)

The city and/or MPA may, without prior notice to the operator or motorized scooter user, remove any motorized scooter(s) that is/are visibly damaged or non-functional, or blocking the public right-of-way, or located outside the pilot program area, and take it to a MPA or other city facility for storage, at the sole expense of an operator. The city and/or MPA shall charge a fee of not to exceed $25.00 per scooter for removal and storage. The city and/or the MPA shall invoice the operator for the cost of removal and storage. Any motorized scooter that remains unclaimed with the city and/or MPA for five days is subject to sale pursuant to the procedures for abandoned or lost property set forth in F.S. § 705.103, or by any other method allowed by the laws of the State of Florida or the city.

(g)

Motorized scooters must be well maintained and in good operating condition.

(h)

Motorized scooters must be of a high quality and sturdily built to withstand the effects of weather and constant use for a period of no less than five years.

(i)

Motorized scooters must be rebalanced on a daily basis.

(j)

Motorized scooters shall not display any third-party advertising.

(k)

Each motorized scooter shall be equipped with active global positioning system (GPS) technology.

(l)

Each motorized scooter shall display the name of the operator, (and if it can be accommodated the local business address) along with a unique identification number. Each motorized scooter shall have an identification number ("ID NO. #") matching motorized scooter "QR code" and each digit within the ID NO. # must be at least two inches in height. Each ID NO. # must be placed on both sides of the vertical post of the scooter. This will aid reporting, monitoring, and compliance issues.

(m)

Operators shall educate persons operating motorized scooters regarding the rules, regulations, and laws applicable to riding, operating, and parking a motorized scooter. An operator's mobile application must provide information notifying a motorized scooter user that:

(1)

Motorized scooters may be operated on bike paths, bike lanes, including those within city parks, and the baywalk, streets, or sidewalks/sidewalk areas in a manner similar to bicycles;

(2)

Motorized scooters are to be operated at a person's own risk, and that no representation is being made by the city as to the condition of any sidewalk, street, road, bike path, lane, baywalk, or sidewalk area;

(3)

Motorized scooter users shall at all times yield to pedestrians and shall give an audible signal before overtaking and passing such pedestrian;

(4)

The use of helmets while operating a motorized scooter is strongly encouraged;

(5)

Operators will require every motorized scooter user to pass a motorized scooter safety education training as is provided by the operator;

(6)

Operators will require every motorized scooter user to show or scan a photographic identification, which shall be a driver's license, a state identification, or a passport, which must indicate that every motorized scooter user is at least 18 years old;

(7)

Operators must show every motorized scooter user a clear and legible map of the mandated geofenced areas within the city. For purposes of this article a geofenced area is simply a virtual fence or a perimeter around a physical location where motorized scooters are allowed to operate pursuant to this article; and

(n)

Operators will implement marketing and targeted community outreach plans, at their own expense, and to the satisfaction of the city, to promote the use of motorized scooters, particularly in low-income communities, and provide education regarding the rules, regulations and laws applicable to riding, operating, and parking a motorized scooter, as well as safe, prudent, defensive, and courteous operation.

(o)

Operators shall work with local businesses or other organizations to promote the use of helmets by persons operating motorized scooters through partnerships, promotional credits, and other incentives.

(p)

Operators shall not place or attach any fixtures, structures, or personal property, other than a motorized scooter, in the public right-of-way without the written permission of the city manager or his or her designee. Permission to place any items in the public right-of-way must be incorporated into the license.

(q)

If the city, or MPA, incurs a cost in addressing or abating any violation of this article, or incurs any cost of repair or maintenance of any public property resulting from the use of motorized scooters, the operator shall reimburse the city for the full cost within 30 days of receiving written notification from the city.

(r)

Motorized scooter users shall have all of the rights and duties applicable to a rider of a bicycle riders under F.S. § 316.2065, titled "Bicycle regulations," except the duties imposed by F.S. §§ 316.2065(2), (3)(b), and 3(c), which by their nature do not apply. However, this section may not be construed to prevent the city, through the exercise of its powers under F.S. § 316.008, from adopting an ordinance such as this article governing the operation of micromobility devices, motorized scooters on streets, highways, sidewalks, and sidewalk areas under the city's jurisdiction.

(s)

Motorized scooter users, pursuant to subsection (r) above, who are in violation of this article, or in violation of applicable state laws including State Uniform Traffic Control Laws, will be subject to enforcement as provided by applicable Florida Laws, this article, and as set forth section 1-13 of the City Code, titled "General penalty." Remedies are cumulative and are not exclusive.

(Ord. No. 13795, § 2, 10-11-18; Ord. No. 13862, § 2, 9-26-19)