Ordinance 20-2018 Occupational Licenses •
ORDINANCE NO. 20-2018
AN EMERGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, DECLARING,
ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE
TOWN OF PALM BEACH ON THE SUBMITTAL AND PROCESSING OF
APPLICATIONS, AND ISSUANCE OF ANY PERMITS OR FRANCHISES
PERTAINING TO BICYCLE OR SCOOTER SHARING, FOR A PERIOD OF 180
DAYS, IN ORDER TO ALLOW AN OPPORTUNITY FOR THE TOWN TO DEVELOP
REGULATIONS FOR SUCH USES IN THE TOWN, COUNTY, AND FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHTS OF WAY; AND FOR OTHER
PURPOSES AMENDING PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,this Ordinance is enacted pursuant to the home rule powers of the Town of Palm
Beach as set forth at Article VIII, Section 2, of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and other applicable controlling law; and
WHEREAS, Town staff is aware of other towns and cities within our nation where the safety
and/or welfare of the public has been negatively impacted by the unregulated use of personal
transportation vehicles, such as scooters and bicycles; and
WHEREAS, Town staff desires to analyze the situations which has occurred in other towns
and cities and evaluate and make recommendations for regulations for the sharing of bicycles, scooters
and/or other personal transportation vehicles in the public rights of way in a manner which will better
promote the safety and general welfare of the Town, its residents and visitors; and
WHEREAS,the Town Council finds and declares a need to temporarily suspend the issuance
of permits or approvals for the sharing of bicycles, scooters and/or other personal transportation
vehicles in the public rights of way to allow the development of regulations for such uses;
NOW, THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH,PALM BEACH COUNTY,FLORIDA, AS FOLLOWS:
SECTION 1: Legislative Findings of Fact: The Town Council finds and declares that:
(1) All of the statements set forth in the recitals to this Ordinance are true and correct.
(2) For the purposes set forth herein, it is in the best interest of the general public and there exists a
need to declare a moratorium on the issuance of permits or approvals for the sharing of bicycles,
scooters and/or other personal transportation vehicles in order for the staff to examine and make
recommendations to the Town Council as to regulations to be considered by it.
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Section 2: That a temporary moratorium is hereby imposed on the submission and processing of
applications and any issuance of permits pertaining to the sharing of bicycles, scooters and/or other
personal transportation vehicles, including docked and dockless systems, in the public rights of way,
within the corporate limits of the Town of Palm Beach, in order for the Town to have the time and
opportunity necessary to develop and consider a framework of regulations for such uses.
Section 3: Duration of moratorium/extension.
a) The temporary moratorium set forth in this Ordinance shall take effect immediately upon the
effective date of this Ordinance and shall be terminated one hundred-eighty (180) days after said
effective date, on April 9, 2019.
b)No applications for approvals subject to the moratorium will be accepted by the Town until the
moratorium has expired.
c) The Town Council may extend the temporary moratorium established in this Ordinance by
enactment of an ordinance for a period not to exceed ninety (90)days upon a finding by the Town
Council set forth in the ordinance that the issue giving rise to the need for the temporary moratorium
established herein continue to exist.
Section 4: Boundaries.
This Ordinance shall be applicable to all properties located within the boundaries of the Town of Palm
Beach.
Section 5: Moratorium Declared.
The Town of Palm Beach hereby imposes a moratorium upon the acceptance of applications and the
issuance of permits or approvals for the sharing of bicycles, scooters and/or other personal
transportation vehicles within the Town.
Section 31. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not
affect the other provisions or applications of this Ordinance which can be given effect without the
invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared
severable.
Section 32. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or
any part of this Ordinance are hereby suspended during the period of this moratorium.
Ordinance No. 20-2018 Page 2 of 3
Section 34. Effective Date.
This Ordinance shall take effect immediately upon adoption on first reading as an emergency
ordinance.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town
of Palm Beach on first reading this 10th day of October, 2018.
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G/1 L. Coniglio, Mayor Danielle H. Moore, Town Council President
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Margat A. Zeidin. , Council President Pro Tem
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Lew Crampton, To ouncil Member
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Bobbie Lindsay, To ouncil Member
ATTEST:
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Kathleen Dominguez, Town Clerk 0 r'
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Ordinance No. 20-2018 Page 3 of 3