Sidewalk Cycling Miami Springs

Question

Emi asked: There seems to be some ambiguity as to cycling on sidewalks according to state law or according to local or even county law. Is it actually prohibited for adults over 16 to ride their bikes on sidewalks in Miami Springs, Miami-Dade County? Or is that just a courtesy concept that has no force of law? I am hearing different versions from even those who are supposed to enforce the law. Maybe you can shine some light on the subject? And maybe you can cite your sources? I didn’t see any reference to this issue in the FS 316.2065 page. I did not read the entire chapter 316, just the part linked.

Answer

In Florida, unless there is a local ordinance to the contrary, bicycling on the sidewalk is legal.  Age is not a determining factor.

s. 316.2065 – Bicycle Regulations

(9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

(10) A person propelling 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 an audible signal before overtaking and passing such pedestrian.

The only mention of bicycles in the Miami Springs Code of Ordinances is in this section. Note that bicycles are not among the prohibited devices, and the reference to bicycles being controlled by the state statute.

Miami Springs Code of Ordinances

Sec. 71-05. – Nonmotorized self-propelled wheeled devices prohibited in business districts.

(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) Business districts. The zoning districts designated on the official zoning map of the City as B-1, B-2, B-3 or MUB, which include, but are not limited to, “Circle Area”, the “36th Street Corridor Area”, and the “North Royal Poinciana/Cardinal Area.”

(2) Prohibited devices. Any nonmotorized wheeled device that is propelled by the actions of its rider or riders, other than bicycles (which are governed by F.S. § 316.2065), such as skateboards, roller skates, scooters, wagons, and coasters.

(B) Prohibited activity. It shall be unlawful for any person to use, operate, or permit the use or operation of any prohibited device on any City sidewalk, street, parking area, easement, drive, swale, or other public area in any business district of the City.

You can check the Miami Springs ordinances here:

https://www.municode.com/library/fl/miami_springs/codes/code_of_ordinances

In Miami-Dade County, the bicycle restrictions are similar to the state statutes above.

Miami-Dade County Code of Ordinances

Sec. 30-263. – Bicycle regulations.

(10) A person propelling 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.

(11)(a) 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.

(b) A 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.

Note these other ordinances related to bicycles in the county

Sec. 30-264.2. – Required registration of bicycles sold by retail dealers.

Any dealer who sells bicycles shall fill out a registration form for, and affix a plastic sticker to each bicycle sold. The Miami-Dade Police Department shall furnish registration forms and plastic stickers to all retail dealers engaging in the sale of bicycles. The retail dealer shall forward the completed registration form to the Miami-Dade Police Department within two (2) weeks of the sale of any bicycle.

Sec. 30-264.4. – Reports of stolen or recovered bicycles.

Every police officer, including municipal police officers, who in the regular course of duty, receives a report of a stolen bicycle or recovers an abandoned or stolen bicycle, shall notify the Miami-Dade Police Department of such theft or recovery within twenty-four (24) hours therefrom.

You can see all the ordinance for the county here:

https://www.municode.com/library/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH30TRMOVE

 

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