Res No. 134-19RESOLUTION NO. 134-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE
CITY OF DELRAY BEACH IS CONSIDERING AMENDMENTS
TO THE CITY'S CODE OF ORDINANCES RELATING TO
THE REGULATION OF DOCKLESS MOBILITY DEVICES;
EXTENDING THE PENDING ORDINANCE DOCTRINE
PERIOD PREVIOUSLY INVOKED BY THE CITY
COMMISSION; RESTATING THAT THE CITY WILL DEFER
THE PROCESSING AND APPROVAL OF ALL APPLICA TIO NS
FOR DOCKLESS MOBILITY DEVICES INCONSISTENT WITH
THE CODE OF ORDINANCES DURING THE PEND ENCY OF
THE CITY'S CONSIDERATION OF THESE AMENDMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
WHEREAS, on February 5, 2019, the Delray Beach City Commission ("City Commission")
approved by majority vote Resolution No. 44-19, recognizing that the City of Delray Beach ("City")
is considering amendments to the City's Code of Ordinances relating to the regulation of dockless
mobility devices; and
WHEREAS, Resolution No. 44-19 invoked the pending ordinance doctrine with respect to
amendments to the Code of Ordinances for the City of Delray Beach and provided that, from the
date of adoption of the Resolution and during the pendency of the City's consideration of
amendments to the Code, the City would defer the acceptance and processing of applications, permits,
or any other approvals for related to the sharing of dockless bicycles, scooters and/ or personal
transportation vehicles; and
WHEREAS, the period established by Resolution No. 44-19 is 180 days, which expires on
July 14, 2019; and
WHEREAS, on June 18, 2019, Governor Ron Desantis signed House Bill 453 into law
allowing electric scooter companies to operate anywhere in the State subject to regulation at the local
level; and
WHEREAS, the City is actively engaged in drafting the proposed amendments to the Code
of Ordinances based on the newly enacted law signed by the Governor as well as the data received
from other municipalities concerning the negative impacts resulting from unregulated use of personal
transportation devices; and
WHEREAS, the City desires to extend the period established by Resolution 44-19 by further
resolution of the City Commission; and
WHEREAS, the City Commission desires to extend the pending ordinance doctrine period
for an additional one hundred and eighty (180) days in order to give the City sufficient time to finalize
and consider the adoption of amendments to the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CI1Y
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals above are true and correct and incorporated into the findings
of this Resolution as if set forth in full herein.
Section 2. That the City Commission of the City of Delray Beach hereby declares its
intention to extend the period established by City Commission Resolution No. 44-19 for a period of
180 days from its original expiration date. The zoning in progress period will now expire on January
10, 2019.
Section 3. That the acceptance and processing of applications, permits or any other
approvals for dock.less mobility devices shall continue to be deferred from consideration by the City
until the expiration of the period as set forth in Section 2.
Section 4. That pursuant to the pending legislation doctrine, the period shall remain in
effect until new or amended ordinances for the regulation of dock.less mobility devices are adopted by
the City Commission or until the passage of 180 days, whichever occurs first. This policy may be
extended by Resolution of the City Commission for additional periods of time in order to complete
the tasks outlined herein.
Section S. That this Resolution shall become effective immediately upon its passage.
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ATIEST:
and Legal Sufficiency:
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RES. NO. 134-19