9358-20ORDINANCE NO. 9358-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE REGULATION OF
COMMERCIAL MEGACYCLES; AMENDING CODE OF
ORDINANCES CHAPTER 25 — PUBLIC TRANSPORTATION
CARRIERS, ARTICLE I. — PUBLIC CONVEYANCES;
ADDING DEFINITION OF COMMERCIAL MEGACYCLE TO
SEC. 25.01, AND AMENDING DEFINITION OF
RECREATIONAL VEHICLE TO ADD COMMERCIAL
MEGACYCLE; AMENDING SEC. 25.02 TO ADD
REGULATIONS FOR OPERATION OF COMMERICAL
MEGACYCLES; AMENDING SEC. 25.04 TO PROVIDE FOR
COMMERCIAL MEGACYCLE INSURANCE
REQUIREMENT; AMENDING SEC. 25.21 TO ADD
COMMERCIAL MEGACYCLE PROVIDER LICENSE
REQUIREMENT AND ALLOW FOR PILOT PROGRAM;
AMENDING CHAPTER 6 — ALCOHOLIC BEVERAGES,
ARTICLE II — OPERATION OF ESTABLISHMENTS, SEC.
6.31 — PROHIBITED ACTS, TO EXEMPT MEGACYCLE
PASSENGERS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, City Council adopted the 2018 Clearwater Downtown Redevelopment
Plan that supports bicycle -friendly amenities and encourages the use of the Pinellas
Trail; and
WHEREAS, the City values and promotes tourism and activities that allow tourists
to explore Clearwater; and
WHEREAS, commercial megacycles are a healthy and environmentally
sustainable form of travel that provide a fun way to enjoy Clearwater;
NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA;
Section 1: Sec. 25.01, Clearwater Code of Ordinances is hereby amended to
read as follows:
Sec. 25.01. — Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Bicycle means a vehicle propelled solely by human power, and a motorized
bicycle propelled by a combination of human power and an electric helper motor 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
term does not include a scooter or similar device that does not have a seat or saddle for
the use of the rider.
Certificate to engage in business means a certificate issued by the director of
planning and development to engage in the business of operating one or more public
conveyances in the City of Clearwater.
Ordinance No. 9358-20
Commercial megacycle means a vehicle that has fully operational pedals for
propulsion entirely by human power and: (1) has four wheels and is operated in a
manner similar to a bicycle; (2) has at least 5 but no more than 15 seats for passengers;
and (3) is primarily powered by pedaling but may have an auxiliary motor capable of
propelling the vehicle at no more than 15 miles per hour.
Driver means every individual operating a pedicab or low -speed for hire vehicle,
either as owner, agent, employee or otherwise, pursuant to the pedicab or low -speed for
hire vehicle driver's permit issued as herein provided.
Electric personal assistive mobility device means any self -balancing, two-
nontandemwheeled device, designed to transport only one person, with an electric
propulsion system with average power of 750 watts (one horsepower), the maximum
speed of which, on a paved level surface when powered solely by such a propulsion
system while being ridden by an operator who weighs 170 pounds, is less than 20 miles
per hour.
Low -speed for hire vehicle means a vehicle as defined in F.S. § 320.01(42), that
is, any four -wheeled electric vehicle whose top speed is greater than 20 miles per hour
but not greater than 25 miles per hour, including neighborhood electric vehicles, that
complies with the safety standards in 49 C.F.R. s. 571,500 and F.S. § 316.2122 and that
is used for transporting passengers for hire, fee, or compensation of any kind, including
compensation derived from tips or advertising, upon or along the streets within the City
of Clearwater.
Micromobility device means any 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. This term includes motorized scooters and bicycles as defined
in this article.
Moped means any vehicle with pedals to permit propulsion by human power,
having a seat or saddle for the use of the rider and designed to travel on not more than
three wheels; with a motor rated not in excess of two brake horsepower and not capable
of propelling the vehicle at a speed greater than 30 miles per hour on level ground; with
a power -drive system that functions directly or automatically without clutching or shifting
gears by the operator after the drive system is engaged; or, if an internal combustion
engine is used, with a displacement not exceeding 50 cubic centimeters.
Motorcycle means any motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor or a moped.
Motorized scooter means any vehicle or micromobility device that is powered by a
motor with or without a 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.
Pedicab means any vehicle that is propelled solely by human power and that is
used for transporting passengers for hire, fee, or compensation of any kind, including
compensation derived from tips or advertising, upon or along the streets or sidewalks
within the City of Clearwater.
Pedicab or low -speed for hire vehicle driver's permit means a permit issued by the
director of planning and development authorizing the holder thereof to drive a pedicab or
low -speed for hire vehicle.
Ordinance No. 9358-20
Permitting means had knowledge or reason to know that the activity was
occurring, failed to intervene in an attempt to prevent the activity from occurring, and had
the power or authority to prevent the activity from occurring.
Public conveyance means a pedicab, low -speed for hire vehicle, or recreational
vehicle.
Public conveyance company means any business entity of whatever nature or
composition that is issued a certificate by the director of planning and development to
engage in the business of operating one or more public conveyances, and may be a
corporation, partnership, joint venture, natural person, or other individual, association or
combined persons or entities.
Qualified means one who, by possession of recognized degree, certificate, or
professional standing, or who by extensive knowledge, training, and experience, has
successfully demonstrated his/her ability to solve or resolve problems relating to the
subject matter, the work, or the project.
Recreational vehicle means any vehicle that is rented typically for less than one
day and that the renter intends to drive for the renter's personal, recreational use, such
as a motorcycle containing an internal combustion engine with a displacement of 50
cubic centimeters or less, an electric personal assistive mobility device, a bicycle, a
commercial megacycle, a micromobility device, motorized scooter, or a moped, but
excluding a motor home, a camper, a motor vehicle leased from an entity that is
engaged in the business of renting motor vehicles typically for more than one day, or an
"off highway vehicle" as defined in F.S. § 261.03(6).
Shared mobility device provider means any person, entity, or public conveyance
company which makes available to the public any number of micromobility devices or
motorized scooters for use in the City.
Sidewalk means that portion of a street between the curbline, or the lateral line, of
a roadway and the adjacent property lines, intended for use by pedestrians.
Street means all public streets, avenues, alleys, lanes, highways, and other
publicly owned places laid out for the use of motor vehicles, including publicly owned
parking lots.
Surrey bicycle means a bicycle containing three or more wheels that is designed
to carry two or more persons and that has two or more pedaling positions.
Vehicle means every device, in, upon, or by which any person is or may be
transported or drawn upon a street.
Section 2: Sec. 25.02, Clearwater Code of Ordinances is hereby amended to read as
follows:
Sec. 25.02. - Standards for pedicabs, low -speed for hire vehicles, surrey bicycles,
micromobility devices, and commercial megacycles; equipment and restrictions.
(1) All pedicabs shall be deemed bicycles as that term is used in Florida Statutes.
As such, all pedicabs shall comply with any and all regulations of the state
applicable to bicycles. See, for example, F.S. § 316.2065. All pedicabs required to
be regulated under this article shall be equipped with a battery operated headlight
capable of projecting a beam of white light for a distance of 500 feet and a pair of
battery operated taillights each exhibiting a red light visible from a distance of 600
feet to the rear. All pedicabs shall also be equipped with at least one front white
Ordinance No. 9358-20
reflector and at least one red rear reflector and at least one amber side reflector
one each side of said pedicab. All pedicabs required to be regulated under this
article shall be kept clean and sanitary throughout and shall be kept and
maintained in sound operating condition. All safety devices and all other
equipment shall be kept in such condition as to ensure safe operation. Any fares
that are charged to the public shall be conspicuously posted in or on the pedicab.
If a gratuity is accepted, "Gratuity appreciated" shall be conspicuously posted in or
on the pedicab.
(2) All low -speed for hire vehicles shall comply with any and all regulations of the
state applicable to low -speed vehicles. See, for example, F.S. § 316.2122. All low -
speed for hire vehicles required to be regulated under this article shall be
equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex
reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle
identification numbers. All low -speed for hire vehicles required to be regulated
under this article shall be kept clean and sanitary throughout and shall be kept
and maintained in sound operating condition. All safety devices and all other
equipment shall be kept in such condition as to ensure safe operation. Any fares
that are charged to the public shall be conspicuously posted in or on the low -
speed vehicle. If a gratuity is accepted, "Gratuity appreciated" shall be
conspicuously posted in or on the low -speed vehicle.
(3) All surrey bicycles operated pursuant to this article shall be equipped with a
single, low -gear ratio to prevent excessive speeds. Surrey bicycles operated
pursuant to this article that have multiple gears capable of changing gear ratios
are prohibited. Surrey bicycles operated pursuant to this article shall not be driven
by anyone under the age of 16 unless accompanied by a responsible adult and
shall not be operated in the "roundabout" on Clearwater Beach. It is unlawful for
any person to operate, or cause to be operated, a surrey bicycle that is not
equipped with a braking system that is capable of skidding each rear wheel in
contact with the ground on dry, level, clean pavement by the operator from his
normal position of operation.
(4) All micromobility devices are subject to the rules and regulations governing
bicycles in the city code. In addition to the city code, micromobility devices are
subject to any and all state laws pertaining to micromobility devices, as applicable,
and as may be amended. No person under the age of 16 years old shall operate a
micromobility device within the city of Clearwater. It is unlawful for the parent,
legal guardian or custodian of a minor child to knowingly permit the child to violate
any provision of this article. Ridership of more than one person on any
micromobility device shall be prohibited, unless the micromobility device is
specifically designed to carry more than one person. Micromobility devices may
not be ridden on sidewalks. Micromobility devices may be allowed on the Pinellas
Trail if specifically allowed by Pinellas County. Micromobility devices shall not be
parked in a manner that obstructs any ingress or egress from any building or
parking area.
(5) All commercial megacycles shall be operated at all times by its owner or
lessee or an employee of the owner or lessee. The operator shall be at least 18
years of ape and possess a Class E driver license. While the commercial
megacycle is in motion, it shall be occupied by a safety monitor at least 18 years
of age, who shall supervise the passengers. No alcoholic beverages other than
beer, wine, hard cider or malt based beverages below 19 percent alcohol by
volume may be consumed by passengers, and only while on the commercial
megacycle. No persons under the age of 21 are allowed on the commercial
megacycle during a ride where alcohol is or is planned on being consumed. All
passenger seats on the commercial megacycle must have seat backs and seat
Ordinance No. 9358-20
belts. All passengers under 16 years of age are required to wear helmets, and
commercial megacycle operators must offer helmets for all passengers,
regardless of age, at no cost.
Section 3: Sec. 25.04, Clearwater Code of Ordinances is hereby amended to read as
follows:
Sec. 25.04. - Liability insurance coverage required.
(1) No certificate to engage in business shall be issued or renewed by the director
of planning and development pursuant to this article unless there is in force a
Commercial General Liability Insurance policy with the following minimum types
and amounts: $500,000.00 per occurrence ($1,000,000.00 for commercial
megacycles), combined single limit, for bodily injury, personal injury, and property
damage. Such liability insurance policy shall specifically include the city as an
additional insured and require each policy to be endorsed to state that coverage
shall not be canceled by the applicant or carrier except after 30 days written
notice sent via certified mail, return receipt requested, to the city. It is the
applicant's responsibility to ensure notice to the city in accordance with the above
requirement is met.
(2) The applicant will provide the director of planning and development with a
certificate or certificates of insurance showing the existence of coverage as
required and will, upon written request by the city, provide the director of planning
and development with certified copies of all policies of insurance. New insurance
certificates and, when requested in writing, certified copies of policies shall be
provided to the director of planning and development whenever any policy is
renewed, revised, or obtained from other insurance carriers.
Section 4: Secs. 25.21-25.214, Clearwater Code of Ordinances is hereby amended to
read as follows:
Sec. 25.21. – Commercial Megacycle License Required.
No commercial megacycle provider shall display, offer, or make available for rent
any commercial megacycle within the City, unless the provider holds a commercial
megacycle license from the City through participation in a pilot program, a valid, fully
executed operating agreement with the City, or approval from the City through an
established process. No license shall be granted to allow commercial megacycle
provider operations on the Pier 60 roundabout, Sand Key, Island Estates, or any other
area restricted pursuant to Section 25.18 of this Code. During the pilot program,
commercial megacycles are permitted to operate only in the following areas:
(1) East Avenue on the northbound roadway not trail section from Pierce Street to
Cleveland Street;
(2) Cleveland Street from MLK Avenue to Osceola Avenue;
(3) North on Osceola Avenue from Cleveland Street to Drew Street Extension;
(4) West on Drew Street Extension around Coachman Commons to Cleveland
Street;
(5) South on Osceola Avenue to Pierce Street;
(6) East on Pierce Street to East Avenue completing one circuit; and
(7) Clearwater Beach north and south of the Pier 60 roundabout on streets as
shown on Diagram 1.
*Insert Diagram 1, attached*
Ordinance No. 9358-20
Sec. 25.214. - Reserved.
Section 5: Sec. 6.31, Clearwater Code of Ordinances is hereby amended to read as
follows:
Sec. 6.31. - Prohibited acts.
(1) It shall be a violation for any person licensed to operate an alcoholic beverage
establishment, or employed by or acting as an agent of any such establishment,
and who sells or causes to be sold any alcoholic beverage, to permit such
beverage to be consumed on any property under the control, directly or indirectly,
of the licensee, except within the area of the premises which is licensed for such
sales and consumption.
(2) It shall be a violation for any person to consume any alcoholic beverage, or to
possess any opened or unsealed container containing an alcoholic beverage, on
any property under the control, directly or indirectly, of the licensee, except within
the area of the premises which is licensed for such sales and consumption.
(3) It shall be a violation for any person to consume any alcoholic beverage, or to
possess any opened or unsealed container containing an alcoholic beverage, off
a licensed premises and within 500 feet thereof, except within enclosed buildings,
within an area occupied by another alcoholic beverage establishment when that
area is licensed for such consumption, or on property occupied by residential
structures. The distance set forth in this subsection shall be measured by
following a straight line from that portion of any structure licensed for the sale of
alcoholic beverages nearest to the place of violation of this subsection.
(4) It shall be a violation for any person to sell or consume any alcoholic
beverage, or to possess any opened or unsealed container containing an
alcoholic beverage, at the following places, except pursuant to an alcoholic
beverage special event permit issued under the provisions of section 22.88
through 22.91, pursuant to an outdoor cafe permit issued under the provisions of
the Community Development Code, or pursuant to a license issued by the
Division of Alcoholic Beverages and Tobacco of the Florida Department of
Business and Professional Regulation that permits the sale or consumption at the
location:
(a) On any public beach.
(b) On or in any public street, alley, sidewalk, parking lot or right-of-way,
including but not limited to unimproved public street rights-of-way
terminating at a body of navigable water. "Public street" or "parking lot" as
used in this subsection shall mean those areas described in F.S. §
316.003(53), (2004), which are defined to include the entire width between
the boundary lines of a way or place if any part of that way or place is open
to public use for the purpose of vehicular traffic, including the parking lots
of malls, strip centers, convenience stores, hotels, motels, or other
commercial establishments. This paragraph shall not apply to passengers
of a commercial megacycles authorized pursuant to Chapter 25; recent
Passengers not physically on the commercial megacycle are subiect to the
open container prohibitions contained in this section and in Florida
Statutes.
Ordinance No. 9358-20
(c) On any other publicly owned property, except on any portion of
publicly owned property when rented to private parties or when authorized
by the public agency that owns the property so long as the sale or
consumption of alcoholic beverages would otherwise be in compliance with
the Alcoholic Beverage Laws of the State of Florida.
(d) On any portion of the Courtney Campbell Recreation Area as defined
in section 22.21.
(5) There shall be no bottle clubs.
Section 6: This ordinance shall take effect immediately upon adoption.
Appr
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
M : tthew Smi
Assistant Ci 'Attorney
JAN 16 2019
FE6 0.6 zozo
6teof1 tM ce4At1w1
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Ordinance No. 9358-20