Ord 05-11ORDINANCE NO. 05-1 1
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND
SAFETY", OF THE CODE OF ORDINANCES BY
ENACTING SECTION 132.10, "ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES, (EPAMDs)", TO
REGULATE THE USE OF SUCH DEVICES ON CITY
STREETS AND SIDEWALKS, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach finds that it is necessary that Electric Personal
Assistive Mobility Devices (EPAMDs) be prohibited in certain public areas within the City of Delray
Beach in the interest of safety; and
WHEREAS, the City of Delray Beach finds that there is a limited "track record" with regard
to matters of safety of EPAMDs nationally and no "track record" at all within the City of Delray
Beach for use by individual operators on the City's shared use paths, sidewalks, roads, alleys and
streets; and
WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant
to Section 132.10(0) and for use by persons who are disabled for mobility purposes as defined and
set forth in Section 132.10(D) of this chapter, the City Commission specifically fords that the use of
EPAMDs are unsafe on certain sidewalks, shared use paths, streets, alleys and roads, in the City, in
part due to the heavy use of such public areas by pedestrians, bicyclists, inline skaters, pet owners
who are walking dogs, and similar public use of such areas;
WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant
to Section 132.10(0) and for use by persons who are disabled for mobility purposes as defined and
set forth in Section 132.10(D) of this chapter, the potential speed of EPAMDs, together with their
virtually silent use and operation, coupled with the unique operational functions to inexperienced
users, make EPAMDs incompatible, from a safety perspective, with motor vehicles on certain City
streets and roads and incompatible with the congestion and types of users and uses found on certain
City bicycle paths and sidewalks; and
WHEREAS, the City Commission has not only the right, but the obligation, to analyze
potential safety problems in a conservative manner to protect the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, the City Commission determines that the limited use of Segways, under the
operational and safety considerations outlined in this ordinance, is a reasonable accommodation to
interested parties and the general public in order to further analyze the use and operation of
EPAMDs without opting for either an absolute prohibition or the unlimited use of such devices.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 132, "Offenses Against Public Peace and Safety", of the Code of
Ordinances of the City of Delray Beach is amended by enacting Section 132.10, "Electric Personal
Assistive Mobility Devices, (EPAMDs)", to read as follows:
Sec. 132.10. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, (EPAMDs).
(A) EPAMD allowed in certain areas.
(1) An EPAMD, as defined in Florida Statute Section 316.003(83), may be operated
in the areas allowed by Florida Statute Section 316.2068(1), subject to the conditions listed below as
well as the requirements listed in this section.
- No EPAMD shall park in a vehicle parking space.
- The EPAMD shall use the public sidewalks, unless there is no sidewalk or the
sidewalk surface is not conducive for EPAMD traffic. EPAMDs may ride
through intersections on the same basis as a pedestrian. EPAMDs shall be
subject to all traffic regulations. EPAMDs shall not exceed the speed of 12 miles
per hour while using a public sidewalk.
- Every EPAMD or rider shall be equipped with a sounding device, which shall be
used, when necessary, when passing or approaching pedestrians or other users of
the street or sidewalk.
- An EPAMD user shall yield the right-of--way to pedestrians and disabled people
with assistive devices or guide animals.
(B) Prohibition of riding EPAMDs in certain areas.
(1) The use of EPAMDs are hereby prohibited, based upon the interest of safety, on
sidewalks, streets/roads and bike lanes on Atlantic Avenue from A-1-A to I-95, Pineapple Grove
Way from Atlantic Avenue to N.E. 3"' Street, on A-1-A from the north end of the municipal beach
to Casuarina Road, and in the Old School Square and Robert W. Federspiel parking garages, except
as specifically authorized by Section 132.10(C).
(2) The prohibitions set forth in subsection (1) shall not be applicable to City
personnel in the course of conducting official City business.
2
Ord No. OS-11
(C) Limited use of EPAMDs authorized for tour operations with conditional use approval
the Citv.
This subsection shall only apply to tour businesses that have received conditional use approval from
the City. "1'he tour business shall operate under the conditions of the conditional use permit, the
minimum conditions and requirements as set forth in LDR Section 4.3.3 (ZZZZ), as well as the
following requirements:
(1) The tour business shall provide an approved site for education and instruction,
and shall provide such instruction, (such instruction shall be for a minimum of 15 minutes), on the
operation and use of EPAMDs by its employees and customers. For purposes of this section,
customers shall include all tour patrons and users, whether or not consideration is paid for such use.
(2) The maximum number of EPAMD users that can be included in any single tour
is nine, plus tour leaders.
(3) No rider shall be allowed on any tour under 11 years of age and 75 pounds in
weight, and/or as limited by the tour operator's insurance company requirements, and/or pursuant
to the EPAMD manufacturer's specifications. There shall only be one rider per EPAMD.
(4) There shall be a minimum of one tour leader for each tour and such leader shall
be an employee or owner of the business.
(5) Only leaders/operators experienced in the use and operation of EPAMDs shall
give tours. Tour leaders or operators, as well as tour customers, shall wear safety reflector vests. All
tour customers and leaders/operators shall ride in single file while participating in such tours.
(6) No EPAMD shall park in a vehicle parking space.
(7) No EPAMD shall be used or operated in excess of a maximum speed of 12
miles per hour except, when operating an EPAMD along the west side of A1A, where allowed, from
the north end of the municipal beach to Casuarina Road the maximum speed shall be H 4 miles per
hour.
(8) Tours shall use the public sidewalks, unless there is no sidewalk or the sidewalk
surface is not conducive for EPAMD traffic. Tours may ride through intersections on the same
basis as a pedestrian. EPAMDs shall be subject to all traffic regulations.
(9) No tour will be conducted or operated after sunset and before sunrise.
Ord No. OS-11
(10) Tours shall not enter any private property without prior permission from the
owner.
(11) Every EPAMD or rider shall be equipped with a sounding device, which shall
be used, when necessary, when passing or approaching pedestrians or other users of the street or
sidewalk.
(12) An EPAMD user shall yield the right-of--way to pedestrians and disabled
people with assistive devices or guide animals.
(13) All users or customers shall wear helmets during training and at all other times
during the tour or at any time while on or operating an EPAMD.
(14) Users or customers shall not be permitted to operate an EPAMD while under
the apparent influence of alcohol or drugs, including prescription drugs that impair the user's ability
to operate machinery, or in the event that the tour operator or employees have actual knowledge of
the fact that such user or customer is under the influence of alcohol or drugs, including prescription
drugs that impair the user's ability to operate machinery.
(15) Tour operators shall follow the requirements of Florida State Statutes
regarding the necessity to file a police report in the event of an accident.
(16) All of the above requirements and conditions shall be explained and
specifically described by the tour operator or employees to each user or customer prior to the use of
an EPAMD by such user or customer.
(17) No EPAMD shall exceed the width of 26 inches at its widest point. No
EPAMD shall contain signage advertising any business. The tour leader's EPAMD may contain
minimal advertising regarding the tour business.
(18) No tour shall be permitted on Atlantic Avenue from A-1-A to I-95; the east
side of A-1-A from the north end of the municipal beach to Casuarina Road; the west side of A-1-A
from the public parking lot located at the north end of the Marriott Hotel to Miramar Drive; and
Pineapple Grove Way from Atlantic Avenue to N.E. 3"' Street, which includes all sidewalks,
streets/roads and bike paths. Nor shall tours be allowed in the Old School Square and Robert W.
Federspiel parking garages. EPAMDs may traverse the areas listed above if the EPAMDs are not
ridden and only when it will not interfere with pedestrian and vehicular traffic.
(D) Limited use of EPAMDs authorized for persons disabled for mobility purposes.
(1) A disabled person may use an EPAMD for mobility purposes in accordance
with the regulations set forth in Section 132.10.
4
Ord No. OS-11
(2) The permit process is as follows:
(a) The City of Delray Community Improvement Department or its
designee shall, upon completion of the City application form and receipt of the
application fee, issue a permit for use of an electric personal assistive mobility device
(also known commercially as a "Segway") by a person who is disabled for mobility
purposes as defined in this section for a period of up to two years in the case of long-
term mobility impairment, or a temporary permit not to exceed six months to any
person in the case of a temporary mobility impairment.
(b) For purposes of this section, a "person disabled for mobility
purposes" shall mean a person who can be certified, and is currently certified, as set
forth below, as having any of the following disabilities that render him or her unable to
walk 200 feet without stopping to rest as a result of one or more of the following:
(i) Inability to walk without the use of or assistance from a brace,
cane, crutch, prosthetic device, or other assistive device, or without the assistance
of another person.
(ii) The need to permanently use a wheelchair.
(iii) Restriction by lung disease to the extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is
less than one liter, or the person's arterial oxygen is less than 60 mm/hg on room
air at rest.
(iv) Restriction by cardiac condition to the extent that the person's
functional limitations are classified in severity as class III or class IV according to
standards set by the American Heart Association.
(v) Severe limitation in the person's ability to walk due to an
arthritic, neurological or orthopedic condition.
(c) Permit application including medical certification; certain documentation
accepted in lieu of medical certification.
(i) Certification for a person disabled for mobility purposes.
(1) A certification for a person disabled for mobility
purposes must be provided as part of the permit application from a
physician licensed under Florida Statute Chapter 458, Chapter 459, or
Ord No. 05-11
Chapter 460, by a podiatric physician licensed under Chapter 461, by
an optometrist licensed under Chapter 463, by an advance registered
nurse practitioner licensed under Chapter 464 under the protocol of a
licensed physician as stated in this subsection, by a physician assistant
licensed under Chapter 458 or Chapter 459, or by a similarly licensed
physician from another state if the application is accompanied by
documentation of the physician's licensure in the other state and a
form signed by the out-of--state physician verifying his or her
knowledge of the eligibility guidelines set forth in this section.
(2) The certification must include, but need not be limited
to:
(a) The disability of the applicant; the certifying
practitioner's name and address; the practitioner's certification number; the
eligibility criteria for the permit; the penalty for falsification by either the certifying
practitioner or the applicant; and the duration of the condition that entitles the
person to the permit.
(b) The signatures of the applicant's physician or
other certifying practitioner, the applicant or the applicant's parent or guardian, and
the employee of City of Delray Beach who processes the application.
(ii) In lieu of the medical certification required in subsection
(D)(2)(c)(i) above, an applicant may submit a State of Florida Disabled Person's
parking placard and the registration card indentifying the applicant as the owner of
the placard, or any other state's equivalent documentation.
(d) An issued permit shall be prominently displayed on the front of any
EPAMD used by a permittee within the City of Delray Beach.
(e) Any permit issued is nontransferable and authorizes only the named
permittee to use an EPAMD in accordance with the provisions of this section.
(f) An EPAMD shall not be used or operated at a speed in excess of 12
miles per hour at any location authorized by this section.
(g) A person disabled for mobility purposes who is operating an EPAMD
which prominently displays the required permit may operate an EPAMD on a marked bicycle path,
shared use path and/or sidewalk and at an intersection to cross a road or street even if the road or
street has a posted speed limit of more than 25 miles per hour, and in City-owned parking lots. An
EPAMD permit shall not authorize the use or operation of an EPAMD on any beach, within any
Ord No. 05-11
City park or on any other City property except as specifically authorized in this section. An EPAMD
permit does not authorize the use of an EPAMD on any private property (or quasi-public property
such as a shopping center parking lot) provided; however, a permittee may operate an EPAMD in
such private or quasi-public areas with any legally required consent or permission of the private or
quasi-public property owner.
(h) Any person who knowingly makes a false or misleading statement or
provides false or misleading information in any part of the application process for an EPAMD
permit or in the use or display of an issued EPAMD permit commits a violation of this section and
of the Delray Beach Code of Ordinances.
(E) Violations.
(1) A violation of the provisions of this section shall be punishable in accordance
with the penalty provisions of the Delray Beach Code of Ordinances.
(2) A violation by any tour owner or operator, any employee, agent or
subcontractor of such tour owner or operator, any user or customer associated with such tour
operation, or any other person, of the provisions of this section shall be punishable in accordance
with the penalty provisions of the Delray Beach Code Ordinances.
(3) It shall be a violation of the provisions of this section:
(a) For any person to knowingly make a false or misleading statement or
provide false or misleading information in any part of an application process for an
EPAMD permit; and/or
(b) For any person other than the permittee to use or display an EPAMD
permit or to represent that any such person using an EPAMD possesses a City of
Delray Beach issued permit when such statement is not true; and/or
(c) For a permittee to use an EPAMD without display of an EPAMD
permit as required by this section; and/or
(d) For any permittee to transfer or knowingly allow the use of an EPAMD
permit by another person; and/or
(e) For an EPAMD permittee to use an EPAMD or an EPAMD permit in
any way or in any location except as specifically authorized by the provisions of this
section; and/or
7
Ord No. 05-11
(f) For any certifying person or entity to certify an individual as a person
disabled for mobility purposes who does not meet the criteria set forth in this section.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. "1 hat all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading this the 5`h
day of April, 2011.
~~
ATTEST: M A Y
~-
City Clerk ^^~,^~
First Readin ~ ~S o~~~
Second Readin ~ ~ d`0~~
8
Ord No. OS-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: March 31, 201 1
SUBJECT: :~CI~;NDA I_T__EM 10.B. -REGULAR COMMISSION MEETING OF API2IL_5, 2011
ORDINANCE NO. OS-11
17'h;M QEFORE COMMISSION
Page 1 of 1
The item before the City Commission is Ordinance No. OS-11, which provides for regulations
govei7~ing Electric Personal Assistive Mobility Devices (EPAMDs).
[3ACKGROUND
The Commission passed this ordinance on first reading with direction regarding certain items as it
relates to the tour operators. I have added language that provides for a minimum instruction time, the
requirement to wear safety vests, and that the tours will be operated in single file. I have also modified
the area where tours are prohibited to provide that on the west side of A-1-A they may not operate
between the public parking lot located at the north end of the Marriott Hotel and Miramar Drive. I have
used underline/strikethrough to mark the changes from first reading to second reading.
Mr. Listick, a representative of one of the segway tour operators, has provided a map of an area along
A-1-A that his client leas requested to use. The map provides the use of the second sidewalk system
along the north end of the municipal beach, this is not currently in the ordinance.
RECOMMENDATION
The City Attorney's Office recommends approval of Ordinance No. OS-11.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4369&MeetiugID=313 4/1 l /201 1
ORDINANCE N0.05-11
AN ORDINANCE OF THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AMENDING
Q-IAI'"I'ER 132, "OFFENSES AGAINST PUBLIC PEACE AND
SAFETY", OF THE CODE OF ORDINANCES BY
ENACTING SECTION 132.10, "ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES, (EPAMDs)", TO
REGULATE THE USE OF SUCK DEVICES ON QTY
STREETS AND SIDEWALKS, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach finds that it is necessary that Electric Personal
Assistive Mobility Devices (EPAMDs) be prohibited in certain public areas within the City of Delray
Beach in the interest of safety; and
WHEREAS, the City of Delray Beach finds that there is a limited "track record" with regard
to matters of safety of EPAMDs nationally and no "track record" at all within the City of Delray
Beach for use by individual operators on the City's shared use paths, sidewalks, roads, alleys and
streets, and
WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant
to Section 132.10(C) and for use by persons who are disabled for mobility purposes as defined and
set forth in Section 13210(D) of this chapter, the City Commission specifically finds that the use of
EPAMDs are unsafe on certain sidewalks, shared use paths, streets, alleys and roads, in the City, in
part due to the heavy use of such public areas by pedestrians, bicyclists, Mine skaters, pet owners
who are walldng dogs, and similar public use of such areas;
WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant
to Section 132.10(C) and for use by persons who are disabled for mobility purposes as defined and
set forth in Section 132.10(D) of this chapter, the potential speed of EPAMDs, together with their
virhaally silent use and operation, coupled with the unique operational functions to inexperienced
users, make EPAMDs incompatible, from a safety perspective, with motor vehicles on certain City
streets and roads and incompatible with the congestion and types of users and uses found on certain
City bicycle paths and sidewalks; and
WHEREAS, the City Commission has not only the right, but the obligation, to analyze
potential safety problems in a conservative manner to protect the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, the City Commission determines that the limited use of Segways, tinder the
operational and safety considerations outlined in this ordinance, is a reasonable accommodation to
interested parties and the general public in order to further analyze the ttse and operation of
EPAMDs without opting for either an absolute prohibition or the unlimited use of such devices.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 132, "Offenses Against Public Peace and Safety', of the Code of
Ordinances of the City of Delray Beach is amended by enacting Section 132.10, "Electric Personal
Assistive Mobility Devices, (EPAMDs)", to read as follows:
Sec. 132.10. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, (EPAMDs).
(A) E PAMD allowed in certain areas.
(1) An EPAMD, as defined in Florida Statute Section 316.003(83), maybe operated
in the areas allowed by Florida Statute Section 316.2068(1), subject to the conditions listed below as
well as the regturements listed in this section
- No EPAMD shall park in a vehicle parking space.
- The EPAMD shall use the public sidewalks, tmless there is no sidewalk or the
sidewalk surface is not conducive for E PAMD traffic. E PAMDs may ride
through intersections on the same basis as a pedestrian EPAMDs shall be
subject to all traffic regulations. EPAMDs shall not exceed the speed of 12 miles
per hour while using a public sidewalk
- E very E PAMD or rider shall be equipped with a sounding device, which shall be
used, when necessary, when passing or approaching pedestrians or other users of
the street or sidewalk.
- An E PAMD user shall yield the right-of-way to pedestrians and disabled people
with assistive devices or guide aizirials.
(B) Prohibition of riding EPAMDs in certain areas.
(1) The ttse of EPAMDs are hereby prohibited, based ton the interest of safety, on
sidewalks, streets/roads and bike lanes on Atlantic Avenue from A 1-A to I-95, Pineapple Grove
Way from Atlantic Avenue to N.E. 3"' Street ~ on A-1-A from the north end of the municipal
beach to Casuaii~ia Road, and i1 the Old School Sgtti~re and Robert W. Federspiel parking gages,
except as specifically authorized by Section 132.10(C).
(2) The prohibitions set forth in subsection (1) shall not be applicable to City
personnel in the course of conducting official City business.
2
(C) Limited use of EPANIDs authorized for tour operations with conditional use approval
b the Ci .
This subsection shall only apply to tour businesses that have received conditional use approval from
the City. The tour business shall operate under the conditions of the conditional use permit, the
minimum conditions and requirements as set forth in LDR Section 4.3.3 (ZZZZ), as well as the
following requirements:
(1) The tour business shall provide an approved site for education and instruction,
and shall provide such instruction, ,(such instruction shall be for a minimum of 15 minutes), on the
operation and use of EPA1VIDs by its employees and customers. For purposes of this section,
customers shall include all tour patrons and users, whether or not consideration is paid for such use.
(2) The rrti~xirnum number of EPAMD users that can be included in any single tour
is nine, plus tor. leaders.
(3) No rider shall be allowed on any tour render 11 years of age and 75 porurds in
weight, and/or as limited by the tour operator's insurance company requirements, and/or pursuant
to the E PANID manufacturer's specifications. There shall only be one rider per E PANID.
(4) There shall be a minimum of one tour leader for each tour and such leader shall
be an employee; or owner of the business.
(5) Only leaders/operators experienced in the use and operation of EPAMDs shall
give tours. Tour leaders or operators as well as tour customers, shall wear safety reflector vests. All
tour customers and leaders/operators shall ride in single file while participating in such tours.
(6) No E PAMD shall park in a vehicle parking space.
(7) No E PANID shall be used or operated in excess of a rnaxirnum speed of 12
miles per hour except, when operating an EPAMD along the west side of A1A, where allowed, from
the north end of the municipal beach to Casuarina Road the maximum speed shall be 6 4 miles per
hour.
(8) Tours shall use the public sidewalks, unless there is no sidewalk or the sidewalk
surface is not conducive for EP11NID traffic. Tours may ride through intersections on the same
basis as a pedestrian EPAMDs shall be subject to all traffic regulations.
(9) No tour will be conducted or operated after sunset and before sunrise.
3
(10) Tours shall not enter any private property without prior permission from the
owner.
(11) E very E PAMD or rider shall be equipped with a sounding device, which shall
be used, when necessary, when passing or approaching pedestri<-uis or other users of the street or
sidewalk
(12) An EPANID user shall yield the right-of-way to pedestrians and disabled
people with assistive devices or guide ani~nals.
(13) All users or customers shall wear helmets during training and at all other times
during the tour or at anytime while on or operating an E PA1V1D.
(14) Users or customers shall not be permitted to operate an EPAMD while under
the apparent influence of alcohol or , including prescription drugs that impair the user's ability
to operate machinery, or in the event that the tour operator or employees have actual knowledge of
the fact that such user or customer is under the influence of alcohol or drugs, including prescription
drugs that impair the user's ability to operate machinery.
(15) Tour operators shall follow the requirements of Florida State Statutes
regardu1g the necessity to file a police report in the event of an accident.
(16) All of the above requirements and conditions shall be explained and
specifically described by the tour operator or employees to each user or customer prior to the use of
an E PAMD by such user or customer.
(17) No EPAMD shall exceed the width of 26 inches at its widest point. No
E PAMD shall contain signage advertising any business. The tour leaders E PAN1D may contain
minimal advertising regarding the tour business.
(18) No tour shall be permitted on Atlantic Avenue from A 1-A to I-95; the east
side of A 1-A from the north end of the municipal beach to Casuarina Road; the west side of A 1-A
from the public parking lot located
at the north end of the Marriott Hotel to 1VTiramar Drive; and Pineapple Grove Way from Atlantic
Avenue to N.E. 3"' Street, which includes all sidewalks, streets/roads and bike paths. Nor shall tours
be allowed in the Old School Square and Robert W. Federspiel_parking > agees. EPAMDs may
traverse the areas listed above if the EPAMDs are not ridden and only when it will not interfere with
pedestrian and vehicular traffic.
(D) Limited use of EPAIVIDs authorized for persons disabled for mobilitypurposes.
4
(1) A disabled person may use an EPAMD for mobility purposes in accordance
with the regulations set forth in Section 132.10.
(2) The permit process is as follows:
(a) The City of Delray Community Improvement Departrr~lt or its
designee shall, upon completion of the City application form and receipt of the
application fee, issue a permit for use of an electric personal assistive mobility device
(also known commercially as a "Segwa~') by a person who is disabled for mobility
purposes as defined in this section for a period of up to two years in the case of long
term mobility impairnient, or a temporary permit not to exceed six months to any
person in the case of a temporary mobility unpaiilr~ent.
(b) For purposes of this section, a "person disabled for mobility
purposes" shall mean a person who can be certified, and is currently certified, as set
forth below, as having any of the following disabilities that render him or her unable to
walk 200 feet without stopping to rest as a result of one or more of the following.
(i) Inability to walk without the use of or assistance from a brace,
cane, crutch, prosthetic device, or other assistive device, or without the assistance
of another person
(ii) The need to perrr~~ently use a wheelchair.
(iii) Restriction by lung disease to the extent that the person's forced
(respiratory) expiratory volume for one second, wren measured by spirometry, is
less than one liter, or the person's arterial oxygen is less than 60 mm/hg on room
air at rest.
(iv) Restriction by cardiac condition to the extent that the person's
functional limitations are classified in severity as class III or class IV according to
standards set by the American Heart Association
(v) Severe limitation in the persons ability to walls due to an
arthritic, neurological or orthopedic condition
(c) Permit application including medical certification; certain documentation
accepted in lieu of medical certification
(i) Certification for a person disabled for mobility purposes.
5
(1) A certification for a person disabled for mobility
purposes must be provided as part of the permit application from a
physician licensed under Florida Statute Chapter 458, Qiapter 459, or
Chapter 460, by a podiatric physician licensed under Chapter 461, by
an optometrist licensed under Chapter 463, by an advance registered
nurse practitioner licensed under Chapter 464 tinder the protocol of a
licensed physician as stated in this subsection, by a physician assistant
licensed under Chapter 458 or Chapter 459, or by a similarly licensed
physician from another state if the application is accompanied by
documentation of the physician's licensure in the other state and a
foml signed by the out-of-state physician verifying his or her
lmowledge of the eligibility guidelines set forth in this section.
(2) The certification must include, but need not be limited
to:
(a) The disability of the applicant; the certifying
practitioner's name and address; the practitioner's certification number; the
eligibility criteria for the permit; the penalty for falsification by either the certifying
practitioner or the applicant; and the duration of the condition that entitles the
person to the permit.
(b) The signatures of the applicant's physician or
other certifying practitioner, the applicant or the applicant's parent or guardian, and
the employee of City of Delray Beach who processes the application
(ii) In lieu of the medical certification required in subsection
(D)(2)(c)(i) above, an applicant may submit a State of Florida Disabled Person s
parking placard and the registration card indentifying the applicant as the owner of
the placard, or any other state's equivalent documentation.
(d) An issued permit shall be prominently displayed on the front of any
E PANID used by a permittee within the City of Delray Beach
(e) Any permit issued is nontransferable and authorizes only the named
permittee to use an EPAMD in accordance with the provisions of this section
(f) An EPANID shall not be used or operated at a speed in excess of 12
miles per hour at any location authorized by this section
(g) A person disabled for mobility purposes who is operating an EPANID
which prominently displays the required permit may operate an EPAMD on a marked bicycle path,
6
shared use path and/or sidewalk and at an intersection to cross a road or street even if the road or
street has a posted speed limit of more than 25 miles per hour, and in Cityowned parking lots. An
E PANID per~rnit shall not authorize the use or operation of an E PAMD on any beach, within any
City park or on any other City property except as specifically authorized in this section An E PAMD
pem~it does not authorize the use of an EPAMD on any private property (or quasi-public property
such as a shopping center parking lot) provided; however, a pemuttee may operate an EPANID in
such private or quasi-public areas with any legally required consent or permission of the private or
quasi-public property owner.
(h) Any person who knowingly makes a false or misleading statement or
provides false or misleading information in any part of the application process for an EPANID
permit or in the use or display of an issued EPANID permit commits a violation of this section and
of the Delray Beach Code of Ordinances.
(E) Violations.
(1) A vio]ation of the provisions of this section shall be punishable in accordance
with the penalty provisions of the Delray Beach Code of Ordinances.
(2) A violation by any tour owner or operator, any employee, agent or
subcontractor of such tour owner or operator, any user or customer associated with such tour
operation, or any other person, of the provisions of this section shall be punishable in accordance
with the penalty provisions of the Delray Beach Code Ordinances.
(3) It shall be a violation of the provisions of this section
(a) For any person to knowingly make a false or misleading statement or
provide false or misleading inforn~ation in any part of an application process for an
E PAMD permit; and/or
(b) For any person other than the permittee to use or display an EPAIVID
permit or to represent that any such person using an E PANID possesses a City of
Delray Beach issued permit when such statement is not tnie; and/or
(c) For a pemlittee to use an EPAMD without display of an EPAMD
permit as required by this section; and/or
(d) For any permittee to transfer or knowingly allow the use of an E PANID
permit by another person; and/or
7
(e) For an EPAMD permittee to use an EPAMD or an EPAMD permit in
any way or in any location except as specifically authorized by the provisions of this
section; and/or
(f) For any certifying person or entity to certify an individual as a person
disabled for mobility purposes who does not meet the criteria set forth in this section.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regiilar session on second and final reading on this the
day of , 2011.
ATTEST: MAYO R
City Clerk
First Reading
Second Reading
8
Law afficcs
LLSZTCK & KRAI,L, P.A.
190 S.E. Sth Avenue
Delray Beach, Florida334$3
Telephone: (561) 276-7424
~~~~~~ 'lblocopier. (561) 278-6909 dmail:
MARKL. KRALd. michael+~listickandkrall.com
mark~]j5(jclcanrlkc~li.WII1
March 18, 2011
David T. Harden, City Manger
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Segway Tours -Commission meeting,
Apri15, 2011
Dear Mr. Harden:
At the first reading of the Segway Tour amendment, the commissioners requested
more information regarding potential tour routes along. AIA. Accordingly,. Y enclose two
pages consisting of a written narrative and a color coded map of prohibited riding areas
(i.e. CBD) and allowable riding areas {i.e.- double sidewalk on north end of beach,
sidewalk on east side of ALA between Thomas. St. and the Marriott, and the sidewalk on
the west side of, AIA south of Bostons).
Please distribute this information for the commissioners' meeting in April.
very truly yours,
A is 1 M. Listick
MML:Ier
Enclosure
cc: Buck Ward
SEGVdAY TOURS OF DEI.RAY BEACH, INC.
PROPOSED TOUR ROUTES ALONG AIA
`11ze proposed ordinances regarding segway tours and general (non-tour) segway uses might be
different as to tours versus general use.
~~S TO TOURS, ii is intended ihat the following shall be the basis for segway tours along AtA:
North end of beach (North of Atlantic Ave):
There are no sidewalks on the West side of AlA north of Thon~as St., thus no tours will go thete.
There is a double side4valk on the East side of AIA, which has less traffic, between the North end of
the public beach to the South near 'T'homas St. It is proposed that tours will use the strip along the double
sidetivalk on the East side of AIA, ending near Thomas Street.
Z~iaere is a sidewalk on the West side of AIA, from near Thomas Street,. all the way io Atlantic Ave.
It is proposed that going from North to South the tour would cross .from the East side to the West side,
at the area that the double sidewalk ends. The tour would not encroach into the CI3D, so that it would
exit AIA and go inland prior to teaching the Marriot.
No riding on either side of AIA in the CBD {ie. between the Marriot and Bostons)
South end of beach fSouth of Atlantic Ave.)'::
No riding in CBD (between Marriat and Britons)
There is a sidewalk on the West side of AIA. Tours may ride ou this sidewalk from the South
boundary rf the CBD (i.e. South of Bostons} through Casarina.
Riding on the east side of AIA, south of Miramar seems appropriate, but that is optional. It is
suggested that the ordinance should not prohibit it, but rather accept or reject it when the condition
use application determines the actual. route.
NO"I'E: In the event the newly proposed beachsidewalk plan is ever constructed, it should be
considered, at that time, to allow greater usage on the East side of AIA.
NOTE: The pro~~ision regarding tours on AlA should be changed from "one block north and one blocb
south rf Atl~~tie Avenue" to "within the CBD".
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: March 8, 2011
SUI3JEC"I': AGI~;NpA ITEM_12.A. -_REGULAR COMMISSION MEETING OF MARCH 15, 2011
ORDINANCE NO. OS-11
Pagc 1 of 1
ITEM_BEFORE_ COMMISSION
The item before the City Commission is Ordinance No. OS-11, which provides for regulations
governing Electric Personal Assistive Mobility Devices (EPAMDs).
BACKGROUND
The proposed ordinance provides that EPAMDs may not be ridden on Atlantic Avenue from A-1-A to
I-95, Pineapple Grove Way from Atlantic Avenue to N.E. 3rd Street, and on A-1-A from the north end
of the municipal beach to Casurina Road. Tour operators may not operate in these areas as well, with
the exception that they may operate on the west side of A-1-A in the prohibited area, excluding one
block north and south of Atlantic Avenue. The ordinance also provides that certain requirements must
be met before a tour operator is allowed to conduct a tour, such as: customer training, maximum of nine
customers, minimum size and weight requirements, maximum speed limit of 12 mph, and no tour shall
be conducted after sunset or before sunrise.
The ordinance also provides for a permitting process to allow people with disabilities to obtain a permit
and once the permit is obtained they would be able to ride the EPAMD anywhere in the City.
RECOM_M__ENDATION
The City Attorney's Office recommends approval of Ordinance OS-11.
http://itwcbapp/Agendalntranet/Blucsheet.aspx?ItemID=4270&MeetingID=288 3/16/2011
8E The Palm Beach Post ~ ~ ' PalmBeachPost.com '(561) 820-4343 ~ `Friday, March ~5 2011