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2003-14 Motorized Scooter RegulationsORDINANCE 14-2003 _ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 18. MOTOR VEHICLES AND TRAFFIC AT ARTICLE II, OPERATION OF VEHICLES GENERALLY, CREATING A NEW SECTION 18-20. TO BE ENTITLED "MOTORIZED SCOOTERS" PROVIDING FOR DEFINITIONS, REGULATIONS, APPLICABLE TO THE OPERATION AND USE OF MOTORIZED SCOOTERS, PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, beginning July 1, 2002, the Florida Uniform Traffic Control law, Chapter 316, Florida Statutes, was amended to exclude motorized scooters from its regulations; and WHEREAS, by virtue of the state statutory de-regulation of motorized scooters, municipalities are now free to enact their own regulations regarding the use and operation of motorized scooters; and WHEREAS, the Village Council of the Village of North Palm Beach, Florida believes it to be in the best interest of the Village that the use and operation of motorized scooters be regulated within the corporate limits of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA THAT: Section 1. Chapter 18. Motor Vehicles and traffic of the Code of Ordinances of the Village of North Palm Beach, Florida, is hereby amended at Article II, Operation of Vehicles Generally; by creating a new Section 18-20 to be entitled "Motorized Scooters." Providing that this section shall hereafter read as follows: Section 18-20. ?Motorized Scooters. (a) Definitions. It is the intent of this Ordinance that the following definitions correspond to those found in Chapter 316, Florida Statutes, where applicable. A different definition for any term listed below, as contained in Chapter 316, Florida Statutes, shall control over the following definitions. (1) Helmet - A bicycle helmet that is properly fitted and is securely fastened upon the rider's head by a strap. Said helmet must meet or exceed the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standards for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the United States Department of Transportation. (2) .l~lotorized Scooter -Any vehicle not having a seat or saddle for the use of the rider, -- designed to travel on not more that three wheels, and not capable of propelling the vehicle at speeds greater than thirty (30) miles per hour on level ground. (b) Motorized Scooter Regulations. Parents or guardians of children under 18 years of age who operate motorized scooters shall not knowingly permit any such child to violate any provision of this ordinance; nor shall any person operate any of the aforementioned vehicles except in conformance with the regulations as set forth herein. Motorized Scooters: (1) shall only be operated on streets and roadways within the Village of North Palm Beach by persons who possess a valid driver's license, so long as required by state law; (2) shall not be operated on sidewalks within the Village of North Palm Beach; (3) shall not be operated in public parks in the Village of North Palm Beach unless such use is specifically allowed by signage posted in that particular park; (4) shall be operated and used by one person only; passengers are not allowed on motorized scooters; and motorized scooters shall not tow any other person, object or vehicle of any kind; (5) shall only be operated during daylight hours within the Village of North Palm Beach; (6) shall be operated as close as practicable to the right hand curb or edge of the roadway, except when preparing to make alert-turn at an intersection or into a private road or driveway, at which time the motorized scooter operator shall obey all authorized traffic control devices, markings, and signs; (7) shall be operated only in a single file formation; motorized scooters shall not be operated abreast of each other; (8) shall be walked across roadways and upon and along crosswalks; on such occasions, the motorized scooter operator shall have all the rights and responsibilities applicable to a pedestrian under the same circumstances; (9) shall be operated at all times with both of the operator's hands on the scooter's handlebars; (10) shall not be operated unless the operator is, at all times, is wearing a helmet; (11 shall only be operated with motors as equipped by the manufacturer; motorized scooter motors, exhaust systems or intake systems shall not be modified, amplified, or customized in any way; (12) shall be operated at all times in accordance with all authorized traffic control devices. (c) Penalties for Violation of Motorized Scooter Regulations. Any person, firm, corporation or any other entity violating the provisions of this section shall be subject to a fine in accordance with Section 1-8 of the Code of Ordinances, or subject to any other lawful means of enforcement available to the Village. 2 Section 2. Each and every other section or subsection of Chapter 18. Motor Vehicles and Traffic. of the Code of Ordinances of the Village of North Palm Beach, Florida shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith aze hereby repealed. Section 4. Should any section or provisions of this Ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5. Specific authority is hereby granted to codify this Ordinance. Section 6. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 24th DAY OF APRIL, 2003 (~. A 3 PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF MAY, 2003.