Local Ordinance and eBikes
Mike asked: Can a local government outlaw or regulate use of e-bikes even though the e-bike meets the statutory definition of an e-bike?
If it meets the criteria, an e-bike is a bicycle by statutory definition.
s. 316.003 – Definitions
(3) Bicycle – Every vehicle propelled solely by human power, and every 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 ….
A bicyclist operating with only human power has the same rights and duties as any other driver.
s. 316.2065 – Bicycle Regulations
(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter ….
Local authorities can enact certain ordinances, including those regulating bicycles within their jurisdiction, if they do not conflict with state statutes.
s. 316.008 – Powers 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.
That would seem to include all bicycles or certain types of bicycles such as e-bikes.
The definition of bicycle/e-bike does not seem to be a limiting factor since the overall rights and duties of operators of solely human powered vehicles are not infringed by local ordinances restricting operation of e-bikes which are not strictly human powered. It would appear that the operation of motorized bicycles can be restricted by local ordinance.