Local Ordinances

Specialx commented on another question on this post

http://flbikelaw.org/2014/10/electric-motorized-bike/#comments

Let me throw in a couple of monkey wrenches about Daytona Beach and Volusia County.

1.) Port Orange has no definition of a bicycle in their ordinances…

2.) Volusia County (Port Orange is in this county).

Has a bicycle definition that leaves out the electric bicycle part…

Is that legal? Since there is already a state law definition that includes electric bicycles…

3.) Daytona Beach (also in Volusia County), has this as their bicycle definition….

“Bicycle means any device propelled by human power or any moped propelled by pedal-activated helper motor not to exceed 1½ bhp (break horse-power) upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”

Which also doesn’t have the electric bicycle defined AND apparently allows mopeds to be defined as a bicycle…

Is any of this legal?

Answer

This is different from the content of the original post and complex enough to warrant this separate post.

I agree. The Volusia County and Daytona Beach Codes are a mess.

I think the Daytona definition is for the purpose of the local license that the city requires for resident bikes, sidewalk cycling and other incidental cycling activities. The license required is not the same as a state driver’s license or vehicle registration by the DMV.

Daytona Beach Codes

Sec. 94-281. – Required.

No person shall operate or ride a bicycle …. the city without first obtaining a license as provided in this division.

Sec. 94-253. – Operation on sidewalks.

(a) No bicycle shall be operated upon any public sidewalk in a business district as defined in F.S. § 316.003.

Sec. 94-1. – Definitions.

Bicycle means any device propelled by human power or any moped propelled by pedal-activated helper motor not to exceed 1½ bhp (break horse-power) upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.

On the surface, that seems to satisfy the statute that allows local authorities to regulate certain aspects of bicycles. State law prohibits motorized vehicles on sidewalk anyway.

s. 316.008Powers of Local Authorities

(1) The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:

(h) Regulating the operation of bicycles.

As long as it is only for that purpose, it would seem to be ok except for the actual definition. However, it cannot be used to enforce traffic laws since Florida has another definition of “bicycle”, and local ordinances that conflict with state laws are not permitted.

s. 316.002Purpose

It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. …. It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter.

As you noted, the inclusion of mopeds in the bicycle definition is as a minimum, strange, and probably not legal. Firstly, mopeds are not among the items in s. 316.008 that can be regulated by local authorities. Also, mopeds are defined in the state statutes differently than the city definition.

s. 316.003 – Definitions

(77) Moped – 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 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

Also, they spell break-horsepower (sic) incorrectly in the definition.

I hope they are not implying that the “moped” they intend to regulate is a gas-assist motor bicycle which is not legal unless it is in fact a moped by FL definition.

The Volusia County codes are another story altogether.

The only definition in their codes, which is similar to the FL definition, is in the section on Beach Code, implying that there are local regulations about use of bicycles on the beach, which would probably be legal by s. 316.008 above. I could find no such regulations in the codes, so I don’t know their purpose in defining bicycles. The fact that they left out electric assist-motor bikes seems to be inconsequential since there are no regulations.

Chapter 20 Beach Code

Bicycle means every vehicle propelled solely by human power, 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.

The only local regulation about mopeds is this:

Sec. 20-237. – Rental of motorized vehicles.

A motorized vehicle rental concession shall be operated in accordance with the following regulations:

(1) Motorized vehicles shall have a four-wheeled base, except dune buggies, rail cars, go-carts, and full size passenger vehicles may not be rented from a beach concession.

(2) Each motorized vehicle or moped ….

There is no local definition of moped, so we would have to assume the state definition.

(77) Moped – 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 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

Note that the local regulation permits only four-wheel vehicles to be rented. Mopeds cannot have four wheels.

Posted in Ask Geo, Definitions, Misc
2 comments on “Local Ordinances
  1. Steven Town says:

    I have a 49cc motorized bicycle. Do I need a license to drive it

  2. Geo says:

    Steven,

    Your gas assist motor powered vehicle is not a bicycle and must be registered as a moped, which requires that you have a driver’s license. See this post:

    http://flbikelaw.org/2014/07/gas-motors-on-bicycles-at-last-final-answer/

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