ORDINANCE No. 03-04

AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH, TO BE KNOWN AS THE TOWN OF FORT MYERS BEACH BICYCLE SAFETY ORDINANCE; PROVIDING AUTHORITY; TITLE AND CITATION; REQUIREMENTS; SEVERABILITY AND EFFECTIVE DATE.

IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH AS FOLLOWS:

SECTION 1. AUTHORITY. This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapter 166, Florida Statutes, and other applicable provisions of law.

SECTION 2. TITLE AND CITATION. This Ordinance shall be known and may be cited as the Town of Fort Myers Beach Bicycle Safety Ordinance.

SECTION 3. REQUIREMENTS. All bicycles operated within the public right of way must meet the following requirements:

a. The bicycle must be designed and equipped to carry the number of persons to which it is being provided, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling.

b. Except as provided in paragraph a., a bicycle carrying any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, must be provided with 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. The bicycle rider or passenger who is under 16 years of age must be provided a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term "passenger" includes a child who is riding in a trailer or semi-trailer attached to a bicycle.

d. Every bicycle operated after sun set and before sun rise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section.

e. Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

f. Every bicycle shall have an identifying number permanently stamped or cast on its frame.

SECTION 4. SEVERABILITY. If any one of the provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever beheld invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance, and in no way affect the validity of all other provisions of this ordinance.

SECTION 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption.

The foregoing ordinance was enacted by the Town Council upon a motion by Council Member ________________ and seconded by Council Member _____________

and, upon being put to a vote, the result was as follows:

Howard Rynearson ___

Daniel Hughes ___

Bill Thomas ___

W. H. "Bill" Van Duzer ___

Terry Cain ___

DULY PASSED AND ENACTED this 7th day of April, 2003.

ATTEST: TOWN OF FORT MYERS BEACH

By: By:_____________________

Marsha Segal-George, Town Clerk Daniel Hughes, Mayor

Approved as to form by:

______________________

Richard V.S. Roosa, Town Attorney