Ordinance 2025-22 ORDINANCE NO. 2025 -22
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
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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 solely by human power,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 § 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 by pavement
markings and signs for preferential or exclusive use by bicycles. See also Travel Lane
below.
Bicycle path means any road,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 a
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
(b) any 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:
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(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 bicycle 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 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 28 miles per hour.
Intersection means: (a) the area embraced within the prolongation 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 approximately at, right angles., or the area within
which vehicles traveling upon different highways joining at 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 by 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.
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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-bicycle 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: JURISDICTION
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.
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2. Power Assisted Bicycle Restrictions:
a. Any person over the age of 16 years old operating a Class 3 electric bicycle must
operate that electric bicycle in the bicycle lane when available. Use of the sidewalks
in such cases are prohibited and is a violation of this Ordinance.
b. 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 a Class 3 electric
bicycle.
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 bicycle 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 bicycle 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. Any person
operating an electric bicycle or bicycle, traveling in the opposite direction of traffic,
must come to a complete stop before crossing the open intersection, and must yield the
right-of-way if a vehicle is already in the intersection.
f. At a signalized intersection, a bicyclist 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.
g. 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
passing them.
h. The operation of an electric bicycle that produces more than 750 watts of power is
prohibited on the sidewalks, bicycle paths, and shared roadways/pathways in Collier
County, Florida.
The operation of all devices allowed under this ordinance on any sidewalk shall not
exceed 15 miles per hour.
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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
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 22nd day of April, 2025.
ATTEST.. ...:.'P BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZEL7-% COLLIER COUNTY, FLORIDA
Clerk of Courts& Conirpl.oller
?By: kink; By' Ag,)#t"Ce.e.411•04--
Attest as to,Chairtnan i)epu er% Burt L. Saunders, Chairman
signature only
Approved as to form and legality:
This ordinance filed with the
Sec etoy of States Office +hc-
Ord of ff,ot
Scott R. Teach
fill re4ery 2�ed this ��'� day
Deputy County Attorney of •
Bye I 1
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 25, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-22, which was filed in this office on April 25, 2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270