Res. No. 26-20RESOLUTION 26-20
A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA,
DECLARING THE INTENTION OF THE CITY TO CONSIDER
ADOPTION OF AN ORDINANCE AMENDING THE CITY CODE
RELATING TO THE REGULATION OF DOCKLESS MOBILITY
DEVICES; INVOKING THE PENDING ORDINANCE DOCTRINE;
PROVIDING THAT FROM JANUARY 16, 2020 AND DURING THE
PENDEN CY OF CONSIDERATION, THE CITY WILL CONTINUE TO
DEFER THE PROCESSING AND APPROVAL OF ALL APPLICATIONS
FOR DOCKLESS MOBILITY DEVICES INCONSISTENT WITH THE
CODE OF ORDINANCES; DIRECTING THE CITY CLERK TO PUBLISH
A NOTICE OF INTENT TO ADOPT SUCH ORDINANCE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, this Resolution is enacted pursuant to the home rule powers of the City Commission of the
City of Delray Beach, Florida ("City") as set forth in Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes and the City Charter; and
WHEREAS, the City is responsible for the protection of the health, safety and welfare of its businesses,
residents, and visitors; and
WHEREAS, the primary purpose of the City's streets and sidewalks is to provide a safe place for
pedestrian and vehicular travel that includes, but is not limited to bikes, buses, cars, motorcycles, and scooters;
and
WHEREAS, in light of the recent increase in the number of businesses that rent dockless bicycles and
scooters, also known as dockless mobility devices, for public use via the placement of shareable mobility devices
throughout the City without being locked to a bike rack or other infrastructure and the potential negative impacts
of the unregulated use of personal transportation vehicles, City staff desires to analyze the situations that have
occurred in other cities and evaluate and make recommendations for regulations which will better promote the
safety and general welfare of the City businesses, residents, and visitors; and
WHEREAS, the City has been actively engaged in the process of undertaking a revision and update of
the existing Code of Ordinances with respect to the regulation of dockless mobility devices since at least January
15, 2019 and desires additional time to prepare a revision to its Code; and
WHEREAS, the City Commission finds and declares a need to temporarily suspend the approval or
denial of applications related to the sharing of dockless bicycles, scooters and/ or other personal transportation
vehicles in the public right-of-way to allow the development of regulations for such uses; and
WHEREAS, the City wishes to definitively place all parties on notice that it is considering amending the
City Code and that all parties who are considering the operation of dockless mobility devices for the sharing of
bicycles, scooters and/ or other personal transportation vehicles in the public right-of-way that the City is
considering the adoption of ordinances with respect to this subject matter and that this subject matter should be
considered pursuant to the pending legislation doctrine.
NOW, THERE FORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The above recitals are true, correct, and incorporated herein by this reference.
Section 2. The City Commi ssion of the City of Delray Beach hereby declares its intention to
consider adoption of an ordin ance amendin g the City Code relating to the regulation of dockless mobility devices
for the sharing of bicycles, scooters and/ or other personal transportation vehicles in the public right-of-way.
Section 3. Pursuant to the pending legislation doctrine set forth in Smith v. Cz!J of Clearwater. 383
So.2d 681 (Fla. 2d DCA 1980), all persons and entities that plan to establish and/ or operate dockless mobility
devices for the sharing of bicycles, scooters and/ or other personal transportation vehicles in the public right-of-
way that:
(a) The City is considering the adoptions of regulations relating to such use;
(b) The regulations are considered pending; and
(c) Any reliance upon current regulations or expenditure of funds or efforts in reliance on current
regulations, until the regulations are considered by the City Commission and adopted and
effective, or determined that they will not be adopted, is not reasonable and is at the risk of the
applicant.
Section 4. City staff, after January 16, 2020, shall continue to defer the processing of applications
and the issuance of approvals for all dockless mobility devices for the sharing of bicycles, scooters and/ or other
personal transportation vehicles in the public right-of-way, pending the passage of revisions to the City Code
regarding such use, except as follows:
(1) Such deferral in processing applications is temporary and shall automatically dissolve
upon the passage of one hundred eighty (180) days from the effective date of this
Resolution, or until new regulations for dockless mobility devices for the sharing of
bicycles, scooters and/ or other personal transportation vehicles in the public right-of-way
are adopted by the City Commission, whichever occurs first.
Section S. The City Clerk is hereby directed to publish a Notice of Intention to consider adoption
of an ordinance in a newspaper of general circulation in the City.
Section 6. The provisions of this Resolution are declared to be severable, and if any sentence,
2
RES. NO. 26-20
section, clause or phrase of this resolution shall, for any reason, be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Resolution,
but they shall remain in effect it being the legislative intent that this resolution shall stand notwithstanding the
invalidity of any part.
Section 7. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on this --L"""--,,C... ~~~ti-, 2020.
and Legal Sufficiency:
3
RES. NO. 26-20