Ord 39-11ORDINANCE NO. 39 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 729 "BICYCLES ",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 72.02, "DEFINITION ", TO
CONFORM WITH STATE STATUTE DEFINITION OF BICYCLE AND
TO PLACE FURTHER LIMITATIONS ON MOTORIZED BICYCLES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of
Ordinances to conform with the definition of "bicycle" as set forth in Florida Statutes Section 316.003(2); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to place further
limitations on motorized bicycles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 72, "Bicycles ", Subsection 72.02, "Definition ", of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
For the purpose of this Chapter the following definition shall apply unless the context clearly indicates or
requires a different meaning:
--ated helper
tnoter with ft manufae"er's eertified maximum rating of one and ofte half brake horsepower, upon whieh *"
person may ride, having two (2) tandem wheels, and ineluding afty deviee getteraRy reeegilimed ag it biey
though equipped with two (2) front or two (2) rear wheeig. The term does not inelude 9tteh a vel-,�ele with a seat,
height of no more than twenty &e (25) —iftehes from the ground wheft the .--t --djusted to its highest
Bicycle. Every vehicle propelled solely y human power, and every motorized bicycle propelled by a
combination of human power and an electric helper motor with an average power of no more than 750
watts (1 horsepower) and which is 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 e�y recognized as a bicycle though equipped with two front or two rear wheels. The term does
not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is
adjusted to its highest position or a scooter, moped, or similar device. No person under the age of 16 may
operate or ride upon a motorized bicycle.
Section 2. That should any section or provision of this ordinance or any portion thereof, Tbe
paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision s
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
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 upon its passage on second and f reading.
P SSED AND ADOPTED in regular session on second and final reading on the ` day of
2011.
MAYO
ATTEST:
City Clerk
First Reading-
Second Reading
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 11, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 18, 2011
ORDINANCE NO. 39-11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to the Code of
Ordinance Section 72.02, "Definitions," to conform to the State Statute definition of a bicycle and to
place further limitations on motorized bicycles.
BACKGROUND
At the first reading on October 4, 2011, the Commission passed Ordinance No. 39 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 39 -11 on second and final reading.
http: // itwebapp /Agendalntranet/Bluesheet.aspx'
ORDINANCE NO. 39-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 72, `BICYCLES ",
OF THE CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 72.02, "DEFINITION ", TO
CONFORM WITH STATE STATUTE DEFINITION OF BICYCLE AND
TO PLACE FURTHER LIMITATIONS ON MOTORIZED BICYCLES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WIE RE AS, the City Commission of the City of Delray Beach Florida, desires to update its Code of
Ordinances to conform with the definition of "bicycle" as set forth in Florida Statutes Section 316.003(2); and
WIE RE AS, the City Commission of the City of Delray Beach, Florida, desires to place further
limitations on motorized bicycles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 72, "Bicyrles", Subsection 72.02, "Definition', of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby arrended to read as follows:
For the purpose of this Chapter the following definition shall apply unless the context clearly indicates or
requires a different meaning.
49ved Ns4th tNm (2) f rent or tv�u (2) Fear- Yts*ieds. The t does not inEkide such a vehiEle N4th a
&44 seat is ;444 14 to ts
Bicycle. Every vehicle propelled solely by human power, and every motorized bicycle propelled by a
combination of human power and an electric helper motor with an average power of no more than 750
watts (1 horsepower) and which is 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. The tenn does
not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is
adjusted to its highest position or a scooter, moped, or similar device. No person under the age of 16 may
operate or ride upon a motorized bicycle.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or mrd 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 upon its passage on second and final reading
PASSED AND ADOPTED in regular session on second and final reading on this the day of
, 2011.
ATTEST:
City Clerk
First Reading
Second Reading
-
MAYOR
2 ORD. NO. 39-11
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Scott Pape, AICP, FCP, Senior Planner
Paul Dorling, Director of Planning and Zoning
THROUGH: City Manager
DATE: September 28, 2011
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
ORDINANCE NO. 39-11
ITEM BEFORE COMMISSION
Consideration of a City initiated text amendment to the City Code of Ordinances Section 72.02 to
modify the City's bicycle definition to conform with the State Statute's bicycle definition.
BACKGROUND
The proposed definition change is one of several changes being processed in connection with the
establishment of The Electric Experience at 1047 East Atlantic Avenue. This business wants to rent
bicycles, including those with electric - helper motors, to the general public. The current rental of
sporting goods and equipment category (which includes bicycles) in the Land Development Regulations
is limited to non - motorized goods and equipment. However, the current State of Florida definition of
bicycles includes bicycles with electric helper motors. The proposed modification would make the
City's definition of bicycles consistent with the State's definition. In addition, LDR amendments being
initiated by the applicant for The Electric Experience will clarify that bicycles with an electric helper
motor are the only motorized equipment permitted in the "Rental of Sporting Goods Equipment" use
category.
RECOMMENDATION
By motion, approve the amendment to Code of Ordinance Section 72.02 (Bicycle Definition).
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