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Agenda 04/22/2025 Item # 9C (Ordinance amending the Pedestrian Safety)4/22/2025 Item # 9.C ID# 2025-1182 Executive Summary Recommendation to approve an Ordinance amending the Pedestrian Safety Ordinance providing for a new section establishing requirements for the operation of bicycles on sidewalks, crosswalks, and in intersections within the unincorporated portions of Collier County, Florida. OBJECTIVE: To approve an Ordinance amending the Pedestrian Safety Ordinance providing for a new section establishing requirements for the operation of bicycles on sidewalks, crosswalks, and in intersections within the unincorporated portions of Collier County, Florida. CONSIDERATIONS: Collier County Ordinance No. 2022-02, the existing Pedestrian Safety Ordinance, addresses several aspects of pedestrian safety. Since the Ordinance was adopted in 2022, the use of electric bicycles on public sidewalks and bike lanes in Collier County has increased and created more opportunities for crashes and injuries with other pedestrians, vehicles, and bicycles (manually or electrically operated). This increased opportunity for crashes and injuries is due in part to the speed that electric bicycles can maintain compared to pedestrians and manually operated bicycles, especially within shared-use areas like sidewalks. Additionally, electric bicyclists may not adhere to the same traffic laws and etiquette as traditional cyclists, such as right-of-way rules, signaling, or weaving through pedestrians or vehicles. The attached proposed ordinance will provide a new section establishing the requirements for bicycles on sidewalks, at crosswalks, and in intersections within unincorporated Collier County. Definitions for the new section are provided within the amendment, for the following "bicycle," "bicycle lane," "bicycle path," "crosswalk," "electric bicycle," "intersection," "median," "moped," "motorized scooter," "motor vehicles," "pedestrian," "person," "sidewalk," "traffic separator," and "travel lane." The ordinance amendment also specifies that these changes do not apply to motorized wheelchairs. The following summarizes the additions addressed by the proposed amended Ordinance: • Bicycle riding will be allowed on public sidewalks, but electric bicycles ridden by anyone over the age of 16 must take place in the bicycle lane when available. • Adults operating an electric bicycle when accompanying children under the age of 16 may lawfully operate an electric bicycle on the sidewalk to allow for supervision of the children. • Prohibits the operation of Class 3 electric bicycles by persons under the age of 16 on public roads, bicycle paths, and shared roadways/pathways. • Anyone operating an electric bicycle on either the sidewalk or in a bicycle lane must stop when approaching a school bus displaying a stop signal and remain stopped until the signal has been withdrawn. • Passing the school bus on the side where children enter and exit while the stop signal is displayed is a violation of the Ordinance. • A bicycle traveling in the opposite direction of traffic must come to a complete stop before entering an open intersection and must yield the right-of-way if a vehicle is already in the intersection. • When a bicycle reaches a signalized intersection, the rider must obey the instructions of any applicable pedestrian control signal and must yield the right-of-way of vehicles that are already in the intersection. • On shared pathways adjacent to roads and including those located in parks and recreational areas, all bicycles and electric bicycles must yield the right of way to pedestrians on these types of pathways, and when passing a pedestrian must deliver a warning by some type of sound device before the act of passing them. • Prohibits the operation of an electric bicycle that produces more than 750 watts of power on the sidewalks, bicycle paths, and shared roadways/pathways in Collier County. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 4/22/2025 Item # 9.C ID# 2025-1182 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve the attached Ordinance amending the Pedestrian Safety Ordinance providing for a new section establishing requirements for the operation of bicycles on sidewalks, crosswalks, and in intersections within the unincorporated portions of Collier County, Florida. PREPARED BY: Commissioner Dan Kowal, District 4 ATTACHMENTS: 1. Pedestrian Safety Ordinance E.Bikes 04.04.25 srt 2. Business Impact Estimate - Agenda ID 25-1182 - Pedestrian Safety Ordinance-E.Bike - 4.22.25 BCC 3. legal ad - agenda ID 25-1182 - amend Pedestrian Safety Ordinance-E-Bikes - 4.22.25 BCC ORDINANCE N0.2025 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2022-02, THE "COLLIER COUNTY PEDESTRIAN SAFETY ORDINANCE", BY AMENDING SECTION THREE, DEFINITIONS; AMENDING SECTION FOUR, JURISDICTION; PROVIDING FOR A NEW SECTION ESTABLISHING REQUIREMENTS FOR THE OPERATION OF BICYCLES ON SIDEWALKS, CROSSWALKS, AND IN INTERSECTIONS WITHIN THE UNINCORPORATED PORTIONS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a recent compilation of motor vehicle crash data for 2020 published by the National Highway Traffic Safety Administration in October 2022 stated that Florida ranked fourth in the percentage of pedestrian fatalities in 2020; and WHEREAS, Collier County has a significant government interest in pedestrian and bicyclist safety and this ordinance regulates conduct for the purpose of promoting pedestrian and bicyclist safety; and WHEREAS, according to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard website at https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/, in 2022, there were 172 bicycle crashes in Collier County, resulting in 4 fatalities, and 164 injuries suffered, as well as, 190 pedestrian crashes resulting in 5 fatalities, and 122 injuries suffered (this data covers crashes occurring between January 1, 2022 and December 29, 2022); and WHEREAS, the Florida Statutes expressly authorize local authorities such as Collier County to regulate the operation of bicycles and electric bicycles within their jurisdiction and within the reasonable exercise of their police power under the State Uniform Traffic Control Statute at §§ 316.008(h) and 316.2068(5); and WHEREAS, the Board of County Commissioners finds that requiring the progression of bicycles on sidewalks and upon public rights of way to travel in the same direction as the flow of traffic will promote safer pedestrian travel and reduce the potential for crash events between vehicles and both pedestrian and bicycle travelers; and WHEREAS, there has been a noticeable increase in the operation of electric bicycles on public sidewalks in Collier County, which presents enhanced opportunities for crashes and injuries with other pedestrian travelers upon those sidewalks, due in part to the steady accelerated speed which electric bicycles can maintain as compared to manually operated bicycles; and Page 1 of 6 Underscored text is added; s&�sic-threagh text is deleted CAO WHEREAS, the Board of County Commissioners finds that this Amendment to Ordinance No. 2022-02 is narrowly tailored to impose specific regulations to protect the public health, safety, and welfare by reducing the likelihood of serious bodily injury or death that results from conflicts between vehicular traffic, bicyclists, and pedestrians progressing on the sidewalks, crosswalks, and intersections in the unincorporated area of Collier County; and WHEREAS, the Board of County Commissioners seeks to prevent further pedestrian fatalities or injuries within the County. NOW, THEREFORE, BE IT DULY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section Three: Definitions of Ordinance No. 2022-02, codified as Section 110- 162 of the Code of Laws and Ordinances, is amended as follows: SECTION THREE: DEFINITIONS. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bicycle means every vehicle propelled solel�y human Hower having two tandem wheels and including_any device generally recognized as a bicycle though equipped with two front or two rear wheels, as defined in S 316 003(4) Florida Statutes including any device generally recognized as a bicycle though equipped with two front or two rear wheels The term does not include motorized scooters, micromobility devices or such similar devices as defined in § 316.003(41). Bicycle lane means any portion of a roadway or highway which is designated b'y pavement markings and signs for preferential or exclusive use by bicycles. See also Travel Lane below. Bicycle path means anroad, oad path or way that is open to bicycle travel which road path or way is physically separated from motorized vehicular traffic by an open space or by barrier and is located either within the right -of --way or within an independent right-of-way. Crosswalk means: (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway, and (bLy portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Electric bicycle means a bicycle or tricycle equipped with a 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: Page 2 or 6 Underscored text is added; �' � ^'��'"r�as:. text is deleted (a) "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. (b) "Class 2 electric bicycle" means an electric eye 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, (c) "Class 3 electric bicycle" means an electric bic c uipped 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, Intersection means: �) the area embraced within the prolonPation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximatelyright angles• or the area within which vehicles traveling upon different highways Joiningat t any other angle may come in conflict, and (b) where a highway includes two roadways 30 feet or more apart every crossing of each roadway of such divided highway y an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two roadways 30 feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. Median means the portion of the roadway separating the opposing traffic flows. Medians can be depressed, raised, or flush. Moped means 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. The term does not include an electric bicycle. Motorized scooter means any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground. The term does not include an electric bicycle. Motor vehicles means any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in this section. Pedestrian means any person afoot Page 3 of 6 Underscored text is added; �gk text is deleted Person means any natural person, firm, co -partnership, association, or corporation. Sidewalk is the portion of the street right -of --way intended for the use of pedestrians that is between the curb and the adjacent property line. If there is no curb or right -of --way parking area, it is the portion of the street right -of --way intended for the use of pedestrians that is between the roadway and the adjacent property line. If there is no curb but there is a right -of --way parking area, it is the portion of the street right -of --way intended for the use of pedestrians that is between the right-of-way parking area and the adjacent property line. Traffic separator means a barrier, such as a concrete wall, raised median, guardrail, fence, or landscaped or gravel area, whether or not raised, that is less than 6 feet in width placed between lanes of a roadway to divide traffic moving in opposite directions. Travel lane means the portion of the roadway dedicated to the movement of motor vehicles traveling from one destination to another where a motor vehicle may not remain stationary indefinitely without eventually obstructing the free flow of motor vehicle traffic, and not including; shoulders, bicycle lanes, or on the street parking. Travel lanes do not include sidewalks, bike paths, private property, or streets closed to vehicular traffic. The term shall include bike-biecle lanes which are delineated but a contiguous part of the street or highway pavement. SECTION TWO: Section Four of Ordinance No. 2022-02, codified as Section 110-163 of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: SECTION FOUR: NRISDICTION The provisions of this section shall be in effect upon all streets and highways and sidewalks owned and maintained by the county within the unincorporated area of the county over which Collier County has traffic control jurisdiction. This Ordinance does not apply to motorized wheelchairs having three or more wheels. SECTION THREE: Ordinance No. 2022-02 is amended to include the following new section: OPERATION OF BICYCLES ON PUBLIC SIDEWALKS CROSSWALKS AND IN INTERSECTIONS. 1. Authorization: Bicycle riding is allowed upon the public sidewalks within the unincorporated area of Collier County over which the County has traffic control jurisdiction 2. Power Assisted Bicycle Restrictions: Page 4 of 6 Underscored text is added; Wig.". text is deleted a. Any person over the age of 16 years old must operate an electric bicvcle in the bicvcle lane when available. Use of the sidewalks in such cases are prohibited and is a violation of this Ordinance. bo If an adult is operating an electric bicycle while accompanying children under the age of 16 who are riding on a sidewalk the adult shall lawfully be allowed to operate the electric bicycle on the sidewalk with those children so as not to separate the children from the adult's supervision. c. Any person under the age of 16 years old is prohibited from riding Class 3 electric bicvcle on public roads, bicycle paths, and shared roadways/pathways. d. Any person using, operating, or driving an electric bicycle on either a sidewalk or in a bicycle lane must upon approaching any school bus which displays a stop signal bring such electric bicvcle to a full stop while the bus is stopped and the vehicle shall not pass the school bus until the signal has been withdrawn Any person using operating, or driving an electric bicycle that passes a school bus on the side that children enter and exit when the school bus displays a stop signal is a violation of this Ordinance. The driver of an electric bicvcle upon a divided Roadway with an unpaved space of at least 5 feet, a raised median, or a physical barrier is not required to stop when traveling in the opposite direction of a school bus which is stopped in accordance with the provisions of this section. e. An open intersection is one without traffic control signs or signals And person operating an electric bicycle or bicycle, traveling in the opposite direction of traffic must come to a complete stop before crossingthe he open intersection, and must yield the right -of --way if a vehicle is already in the intersection. £ At a signalized intersection, a bic cly ist approaching on a sidewalk must obey the instructions of any applicable pedestrian control signal. That is the bicyclist may start to cross a roadway in a crosswalk only during a steady "Walk" phase if one is displayed If no pedestrian signal is provided the bicyclist may proceed in accordance with the signal indications for the parallel roadway traffic flow. 91 With respect to shared pathways that are not located adjacent to roadways including those that are located in parks and recreational areas, all bicycles and electric bicycles must yield the right of way to pedestrians on these types of pathways and when passing a pedestrian must deliver a warning by some type of sound device before the act of passingthem. h The operation of an electric bicvcle that produces more than 750 watts of power is prohibited on the sidewalks bicycle paths and shared roadways/pathways in Collier County, Florida. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Page 5 of 6 Underscored text is added; siiheeegh text is deleted separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, Clerk of Courts & Comptroller By: Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 2025. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders, Chairman Page 6 of 6 Underscored text is added; sttael�-tFiretrgk text is deleted kjj �" � 4/9/2025Page 237 of 6355 Page 238 of 6355 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on April 22, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2022-02, THE “COLLIER COUNTY PEDESTRIAN SAFETY ORDINANCE”, BY AMENDING SECTION THREE, DEFINITIONS; AMENDING SECTION FOUR, JURISDICTION; PROVIDING FOR A NEW SECTION ESTABLISHING REQUIREMENTS FOR THE OPERATION OF BICYCLES ON SIDEWALKS, CROSSWALKS, AND IN INTERSECTIONS WITHIN THE UNINCORPORATED PORTIONS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN Page 239 of 6355