HomeMy WebLinkAboutOrdinance 2026-655ORDINANCE 2026 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 256 OF THE CODE OF ORDINANCES OF THE CITY
OF SUNNY ISLES BEACH, ARTICLE V, §256-37, ENTITLED "DEFINITIONS; RULES
AND REGULATIONS FOR OPERATION," §233-8, ENTITLED "PENALTIES FOR
OFFENSES," AND, §256-39, ENTITLED "ENFORCEMENT," TO CREATE AND
PROVIDE REGULATIONS FOR THE USE OF ELECTRIC BICYCLES WITHIN THE CITY'S
JURISDICTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry; and
WHEREAS, the City Commission of the City of Sunny Isles Beach (the "City") has the
authority to amend its code provisions pursuant to Section C-4.3 of the City's Charter; and
WHEREAS, in response to promoting a healthier lifestyle, mitigating traffic, and
supporting more environmentally friendly, convenient, and cost-effective ways for residents
and visitors to travel, the use of electric bicycles upon the City's roadways and sidewalks has
become more prevalent; and
WHEREAS, despite the advantages of using these alternative methods of transportation,
unique safety concerns are created by their inherent design and by their use, to both users of
such devices and pedestrians, particularly upon sidewalks, which pose a substantial risk of injury
or death to users of such devices and pedestrians; and
WHEREAS, in 2025 the Florida Legislature enacted Senate Bill 462, codified as Chapter
2025-149, Laws of Florida, amending §316.20655, Florida Statutes, therein authorizing local
governments to "adopt an ordinance providing one or more minimum age requirements to
operate an electric bicycle" and to "adopt an ordinance requiring an operator of an electric
bicycle to possess a government -issued photographic identification while operating the electric
bicycle"; and
WHEREAS, it is the intent of the City Commission of the City of Sunny Isles Beach,
Florida, to establish a minimum age for the operations of electric bicycles within the City, to
require government -issued photographic identification while operating electric bicycles, and to
enhance its penalties and enforcement, which serve to protect the health, safety, and general
welfare of all city residents and visitors;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS':
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Amending Article 5, §256-37 of Chapter 256 of the Code of Ordinances. §256-37
in Article V of Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach, Florida,
entitled, "Definition: rules and regulations for operation," is hereby amended as follows:
ARTICLE V — Bicycles and Electric Bicycles
§ 256-7. Definitions; rules and regulations for operation of bicycles and electric bicycles.
A. A "bicycle" is defined as every vehicle propelled solely by human power,, and
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 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 or similar device.
B. An "electric bicycle" is defined as a bicycle or tricycle equipped with fully operable pedals, a
seat or saddle for the use of the rider, and an electric motor of less than 750 watts which
meets the requirements of one of the following three classifications:
(1) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when
the electric bicycle reaches the speed of 20 miles per hour.
(2) "Class 2 electric bicycle" means an electric bicycle equipped with a motor that may be
used exclusively to propel the electric bicycle and that ceases to provide assistance
when the electric bicycle reaches the speed of 20 miles per hour.
(3) "Class 3 electric bicycle" means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when
the electric bicycle reaches the speed of 28 miles per hour.
-13C. Every person operating a bicycle within the jurisdiction of the City of Sunny Isles Beach shall
have all of the rights and all of the duties applicable to the driver of any other vehicle in F.S.
Chapter 316, except as to special regulations contained in this article. Every person
ooeratine an electronic bicvcle has all the riehts and Drivileees. and are subiect to all of the
duties, applicable to a bicycle or the operator of a bicycle under F.S. § 316.2065.
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double
underline, deletions on first reading are shown as striketlIFeugh and deletions on second reading are shown as
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GD. Number of riders; children.
(1) No bicycle or electric bicycle shall be used to carry more persons at one time than the
number for which it is designed or equipped, except that an adult rider may carry a
child securely attached to his person in a backpack or sling designed to carry children.
(2) Except as provided in Subsection CD(1) above, a bicycle or electric bicycle fkjef operator
must carry any passenger who is a child under four years of age, or who weights weighs
40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size
and that secures and protects the child from the moving parts of the bicycle or electric
bicycle.
PE. No person operating or riding upon any bicycle, electric bicycle, coaster, roller skates, sled,
eftoy vehicle, or any other wheeled vehicle, shall attach the same or himself to any vehicle
upon a roadway. This article shall not prohibit attaching a bicycle trailer or bicycle semitrailer
to a bicycle or electric bicycle, if that trailer or semitrailer has been designed for such
attachment and selely fe I . - " .
€F. Riding on edge of roadway.
(1) Every person operating a bicycle or electric bicycle upon a roadway at less than the
normal speed of traffic at the time and place and under the conditions then existing on
the roadway, must ride in the bicycle lane or, if there is no bicycle lane, shall Fide as
close as practicable to the right-hand curb or edge of the roadway except under any of
the following situations:
(a) When overtaking and passing another bicycle, electric bicycle, or vehicle
proceeding in the same direction.
(b) When preparing for a left turn at an intersection or into a private road or driveway.
(c) When reasonably necessary to avoid conditions, including but not limited to fixed
or moving objects, parked or moving vehicles, bicycles, electric bicycles,
pedestrians, animals, surface hazards, or substandard width lanes that make it
unsafe to continue along the right-hand curb or edge. For purposes of this article,
a "substandard width lane" is a lane that is too narrow for a bicycle, electric
bicycle, and another vehicle to travel safely side by side within the lane.
(2) Any person operating a bicycle or electric bicycle upon a one-way highway with two or
more marked traffic lanes may ride as near the left-hand curb or edge of such roadway
as practicable.
F-G. Persons operating bicycles or electric bicycles upon a roadway shall not ride more than two
side by side except on bicycle paths or parts of roadways set aside for the exclusive use of
bicycles or electric bicycles. Persons ridingtew two side by side shall not impede traffic when
traveling at less than the normal speed of traffic at the time and place and under the
conditions then existing and shall ride within a single lane.
FH. Any person operating a bicycle or electric bicycle shall keep at least one hand upon the
handlebars.
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#I. Every bicycle and electric bicycle in use between sunset and sunrise shall be equipped with
a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the
front and a lamp on the rear exhibiting a red light visible from a distance of 600 feet to the
rear, except that a red reflector meeting the requirements of this article may be used in lieu
of the red light.
1J. Every bicycle and electric bicycle shall be equipped with a brake or brakes that allow the
rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.
JK. A bicycle 4ef operator or passenger under 16 years of age shall be is required to wear a
bicycle helmet that is properly fitted, is fastened securely upon the operator's and/or
passenger's head by a strap and that and meets the federal safety ^ natieRally F^ ized
standard for bicycle helmets, final rule 16 C.F.R. part 1203, as may be amended from time
to time As used in this subsection the term "passenger" includes a child who is riding in a
trailer or semitrailer attached to a bicycle.
i4L. A ej&-A bicycle operator shall not wear a headset, headphone or listening device, other
than a hearing aid, while riding.
M.
Feadway upen and alang a GFesswalk, shall have all the Fights and duties applicable t
MM.Operation of bicycles on sidewalks or in crosswalks.
(1) A person w4Hae4ifig operating a bicycle by human power upon and along a sidewalk, or
across a roadway upon and along a crosswalk shall have all the rights and duties
applicable to a pedestrian under the same circumstances.
(2) A person operating a bicycle upon and along a sidewalk, or across a roadway upon and
along a crosswalk, shall yield the right-of-way to any pedestrian and shall give any
audible signal before overtaking and passing such pedestrian.
94UA person operating a bicycle upon and along a sidewalk, or across a roadway upon and
along a crosswalk, shall follow all posted regulatory signs governing the use of bicycles
in these areas.
(4) Electronic bicycles are prohibited from operating upon any sidewalks with the City's
jurisdiction.
N. No parent of any minor child and no guardian of any minor ward may authorize or
knowingly permit any such minor child or ward to violate any of the provisions of this
section.
Section 3. Amending Article 5 §256-38 of Chapter 256 of the Code of Ordinances. §256-38
in Article V of Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach, Florida,
entitled, "Penalties for offenses," is hereby amended as follows:
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§ 256-38. Penalties fer of4enses Supplemental requirements and restrictions for Electric
Bicycles.
A. No person under the age of 16 years shall operate an electric bicycle upon any public street,
sidewalk park path or other right-of-way within the City's jurisdiction.
B. All persons sixteen (16) years of age or older shall carry on their person, and present upon
request a valid government -issued identification which identifies the person by name, age,
and photograph while operating an electric bicycle upon any public street, sidewalk, park,
path or other right-of-way within the City's jurisdiction.
C. No parent of any minor child and no guardian of any minor ward may authorize or knowingly
Permit any such minor child or ward to violate any of the provisions of this section.
Section 4. Amending Article 5 §256-39 of Chapter 256 of the Code of Ordinances. §256-39
in Article V of Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach, Florida,
entitled, "Enforcement," is hereby amended as follows:
§ 256-39. Penalties and €enforcement.
It -;hall He the duty of+ho The Police Department and the Code Compliance Division of the City of
Sunny Isles Beach are authorized to, and shall, enforce the provisions of this article ^^� '�e
A The regulations herein are supplemental to Chapter 30 of the Miami -Dade County Code
(entitled "Dade County Traffic Code") as adopted and Coda State —Statute F.S.
Chapters 316 (entitled "State Uniform Traffic Control") and F.S. Chapter 318 (entitled
"Disposition of Traffic Infraction"). The penalties as enumerated therein shall remain in
full force and effect.
B. Law enforcement officers and Code Compliance officers of the City of Sunny Isles Beach
may provide a copy of this article and give a verbal warning to a bicycle or electric
bicycle operator or passenger for a first time offense of this article.
c A person who commits a first time violation of any provision of this article may be
issued a civil violation notice in accordance with Chapter 14 of the City Code of
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Ordinances, for a fine of no less than $250.00, and no less than $500.00 for any
subsequent violation. Any person who commits a violation may also be subject to a
noncriminal traffic infraction or pedestrian violation, as set forth in F.S. §316.2065, and
F. S. Chapter 318.
Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 6. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity, but shall remain in full force and effect.
Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 8. Effective Date. This Ordinance will become effective immediately upon adoption
at second reading.
PASSED AND ADOPTED on first reading this tay of June, 2026.
PASSED AND ADOPTED on second rea ing thi 10ay of July, 2026.
Larisa Svechin, Mayor
TEST;
Mauritio
First Reading
r, CMC, City Clerk
Motion: /�IOhr _�fi SaR4
APPROVED AS TO FORM
AND LEG L SUF NCY:
2 W— - ..
A rain E. Boil , for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Reading
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Page 6 of 7 17
Vote on First Reading:
Mayor Svechin (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Vote on Second Reading:
Mayor Svechin
✓ (Yes)
✓
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Julio Davila, Code Compliance Manager
DATE: J u ly 16, 2026
RE: Ordinance Amending City's Code of Ordinances Chapter 256 Relating to
Electronic Bicycle Regulations
RECOMMENDATION:
Staff presents this Ordinance for consideration by the City Commission consideration.
REASONS:
Per direction given by the City Commission in response to the recently passed scooter ordinance
restricting riders to the age of 16 or older, and in response to the recently updated Florida Statute
Chapter 316 Electronic bicycle regulations, the Code Compliance Division is proposing an update to the
City's current bicycle code, so that it includes similar restrictions as scooters.
As such, this proposed Ordinance provides the following changes to the existing Code:
• A definition of electric bicycle.
• An age restriction of 16 years old or greater to ride an electric bicycle within the City of Sunny Isles
Beach City limits.
• Requirement for all individuals 16 years old or greater to have a government issued ID when
riding an electric bicycle.
• A sidewalk ban for electric bicycles.
• A fine schedule for all violations in this section to be $250 for a first offense and $500 for all
subsequent violations.
ATTACHMENTS:
Item Number: 8.A
10
Ordinance
Item Number: 8.A
11