HomeMy WebLinkAboutO-02-05ORDINANCE O-02-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
CREATING SECTION 98-9 BICYCLE REGULATIONS; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City Council finds that local regulation of bicycle riders will
enhance enforcement through greater flexibility;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is
hereby amended to create Section 98-9 which shall read as follows:
SEC. 98-9 BIcycle Regulations
(1) A person operating a bicycle may not ride other than upon or
astride a permanent and regular seat attached thereto.
(2)(a) A bicycle may not 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 or her
person in a backpack or sling.
(b) Except a provided in paragraph (a), a bicycle rider must carry
any passenger who is a child under 4 years of age, or who 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.
(c) A bicycle rider may not allow a passenger to remain in a child
seat or carrier on a bicycle when the rider is not in immediate
control of the bicycle.
(d) A bicycle rider or passenger who is under 16 years of age
must wear a bicycle helmet that is properly fitted and is fastened
securely upon the passengers' head by strap, and that meets the
standards of the American National Standards Institute. As used in
this subsection, the term "passenger" includes a child who is riding
in a trailer or semi-trailer attached to a bicycle.
(e) A bicycle rider or passenger who violates this subsection may
be issued a city citation by a law enforcement officer and assessed
a fine.
(3) Any person operating a bicycle upon a roadway at less than the
normal speed of traffic at the time and place and under the
conditions then existing shall ride as close as practicable to the
right-hand curb or edge of the roadway.
(4) The City may waive, reduce, or suspend payment of any fine
imposed under subsection (2) or subsection (3) and impose
conditions on the waiver, reduction, or suspension.
(5) All bicycle violations will be annotated on the existing City
Parking Violation Citations, entered in the other block.
(6) Moving and Helmet violations will be assessed a $25.00 fine.
(7) Violators may attend a bicycle safety class that will allow the fine
to be waived, reduced, or suspended.
Section 2. CONFLICT. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of the Ordinance shall not be affected and it shall
be presumed that the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in
full force and effect.
Section4. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
¢oniglio . The motion was seconded by Councilmember
..~r¢~.¥k and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmcmbcr Edward J. Majchcr, Jr.
Councilmember James Hill
Councilmember Ray Coniglio
aye
aye
aye
nay
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 27th
day of February, 2002,
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. M'~i(~, CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City At, ney