9296-19ORDINANCE NO. 9296-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, DECLARING, ESTABLISHING AND IMPOSING
A TEMPORARY MORATORIUM ON THE OFFERING FOR
HIRE OR OPERATION OF MOTORIZED SCOOTERS AND
MICROMOBILITY DEVICES, OR ISSUANCE OF ANY
PERMITS OR FRANCHISES PERTAINING TO
MICROMOBILITY HUBS, FOR A PERIOD OF 180 DAYS, IN
ORDER TO ALLOW AN OPPORTUNITY FOR THE CITY TO
DEVELOP REGULATIONS FOR SUCH USES IN THE CITY
RIGHTS OF WAY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, House Bill 453, Micromobility Devices has passed the Florida House
and Senate; and
WHEREAS, House Bill 453 defines a "micromobility device" as "[a]ny motorized
transportation device made available for private use by reservation through an online
application, website, or software for point-to-point trips and which is not capable of
traveling at a speed greater than 20 miles per hour on level ground;" and
WHEREAS, House Bill 453 defines a "motorized scooter" as "[a]ny vehicle or
micromobility device that is powered by a motor with or without seat or saddle for the use
of the rider, which is designed to travel on not more than three wheels, and which is not
capable of propelling the vehicle at a speed greater than 20 miles per hour on level
ground," and
WHEREAS, if signed by the Governor, House Bill 453 grants micromobility devices
and motorized scooters "all of the rights and duties applicable to the rider of a bicycle,"
including the right to operate motorized scooters on sidewalks, streets, and trails; and
WHEREAS, City staff is aware of other cities within our nation where the safety
and/or welfare of the public has been negatively impacted by the unregulated use of
personal transportation vehicles, such as motorized scooters; and
WHEREAS, the City wants to explore and encourage alternative means of
transportation within the City to reduce automobile traffic and alleviate parking issues; and
WHEREAS, City staff desires to analyze the situations which have occurred in
other cities and evaluate and make recommendations for regulations which will encourage
the sharing of micromobility devices and/or other personal transportation vehicles in the
public right-of-way in a manner which will better promote the safety and general welfare of
the City, its residents and visitors; and
WHEREAS, while House Bill 453's definition of micromobility devices includes
motorized scooters and motorized bicycles, City staff intend to temporarily prohibit
Ordinance No. 9296-19
motorized scooters only, whether they are privately owned or are made available by
reservation online; and
WHEREAS, the City Council finds and declares a need to temporarily prohibit the
offering for hire or operation of motorized scooters and micromobility devices, not to
include motorized bicycles, in the public right-of-way to allow the development of
regulations for such uses; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. For the purposes of this temporary moratorium, a "micromobility
device" shall be defined only as a motorized scooter which is made available for private
use by reservation through an online application, website, or software for point-to-point
trips and which is not capable of traveling at a speed greater than 20 miles per hour on
level ground.
Section 2. A temporary moratorium is hereby imposed on the offering for hire or
operation of motorized scooters and micromobility devices, not to include motorized
bicycles, within the corporate limits of the City of Clearwater.
Section 3. During the period of this moratorium, the City shall not process or
issue any business tax receipts, other related permits or franchises, nor shall it process
applications concerning micromobility hubs or the offering for hire of micromobility
devices and/or motorized scooters, not to include motorized bicycles.
Section 4. This ordinance shall take effect immediately upon adoption. The
temporary moratorium shall terminate six (6) months from the date of adoption, unless the
City Council rescinds or extends the moratorium by subsequent ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
JON 0 5 2019
JUN 2 0 2019
— ctry.vrt\gos
George N. Cretekos
Mayor
ew Smit, Ros- arie Call
Assistant Ci ttorney City Clerk
Ordinance No. 9296-19