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485 Amend Bicycle Ordinance
\5-033 2regt 116. ORDINANCE NO. 485 AN ORDINANCE OF THE CITY OF ZEPHYHRILLS , FLORIDA, MAKING IT UNLAWFUL FOR ANY PERSON TO RIDE A BICYCLE UPON ANY SIDEWALK WHICH IS POSTED "NO BICYCLES" WITHIN THE CITY LIMITS OF THE CITY OF ZEPHYRHILLS; PROVIDING THAT SIDEWALKS TO BE SO DESIGNATED BE RECOMMENDED BY THE 1CHIEF OF POLICE AND APPROVED BY CITY 111 COUNCIL; REQUIRING THE DISPLAY OF ELECTRIC LIGHTS UPON EVERY BIKE OPERATED UPON THE STREETS OF ZEPHYRHILLS; PROVIDING FOR PENALTY FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES INCONSISTANT HEREWITH; PROVIDING FOR SEVERABILITY OR UNCONSTITUTIONAL SECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED AND ORDAINED by the City Council of the City of Zephyrhilis , Florida. SECTION 1 . It shall be unlawful for any person to ride a bicycle upon any sidewalk within the city limits of the City of Zephyrhills , Florida, when such sidewalk is posted with a sign or signs stating "No Bicycles" or any other appropriate sign or designation consistant with the requirements or regulations of the Florida Department of Transportation. Sidewalks to be so designated shall be recommended by the Chief of Police and approved by City Council . SECTION 2. Every bicycle operated upon the streets of Zephyrhills between sunset and sunrise 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. SECTION 3 . It shall be unlawful for any person to violate or to aid;, abet or assist in the violation of any of the provisions or terms of this Ordinance. Any person in violation of this Ordinance shall be deemed to be performing an unlawful and prohibited act. For violations of this Ordinance, the enforcement officer shall have the discretion to either: a. Issue a warning with no civil penalty; or 0. R. 1752 PG 1597 Record and 'Return'.to . City Clerk's Office 5335.8th Street Zephyrhills, FL 34248 b. Issue a citation for a fine in any amount designated by the Pasco County Court , Uniform Fine Schedule, Local Ordinance Violations which the City of Zephyrhills does hereby adopt . Any violation of this Ordinance which is not designated by said Pasco County Court , Uniform Fine Schedule, Local Ordinance Violations , shall be deemed a Class V violation. Any person who willfully refuses to sign and accept .a citation or notice to appear shall be guilty of ,amisdemeanor of the second degree, punishable as provided in'`:F. S. 775 .082 , 775 .083 or 775 .084. = =' Any person cited with a violation of this Ordinance pay the civil penalty within ten (10) days of the da'te Of receiving the citation. If a person cited for a violation of this Ordinance denies a violation, that person may demand a Non-Jury Hearing before the County Court. Should a person desire a Non-Jury Hearing on a violation, that person shall inform the Clerk of the Circuit Court in and: for Pasco,. County, Florida, in writing within ten (10) = days "after issuance of the citation. SECTION 4. Penalties , Citations , Fines , ,1n]thaotive Relief: Any person adjudged, after a Non-Jury Hearing, to be in violation shall be deemed to be guilty of a civil infraction and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) . SECTION 5 . Any Ordinances , Sections or parts',thereof in conflict herewith, shall be repealed to the extent of such conflict. SECTION 6 . Should any Section, part or clause thereof of, - this Ordinance be held to be unconstitutional by anyy'court- of competent jurisdiction, said ruling shall not affect the validity of the remaining Sections , portions or clauses not affected by said ruling. SECTION 7 . This Ordinance shall become effective upon the third reading and signing by the Mayor. I 0. 11: 1752 -PG 1598 i The foregoing Ordinance No. 48,5 was read and passed on its first reading by the City Council of the City of I Zephyrhills , Florida on the 26th day of September , A.D. , 1988 . I ,fA /// &4/1, a vier iCARLTON ALSTER President of City Council T48T. .� • - . .° •�•'Ca e_rk ® \ j_ aTie ore-g©ing Ordinance No. 485 was read and passed :Trim 4i s- =sem'c¢$d reading by the City Council of the City of ;.Zep ti rhil,10? Florida on the 10th day of October , .D. , 1988 . , S -,, ' if i • , ` ' '✓ .: CARLTON GALSTER os ;,: pH President of City Council TI .11' ty ES . i✓ � � p air ,/ II 11 4'9a' sk ,. : mel . ' ham=foregoing Ordinance No. 485 was read and passed op -. •its thiitrd reading by the City Council of the City of "=-tifd G fir° CL.-.,. s 1:iphyxh ,1°l's , . Florida on the 24th day of October k.A.D. ;' 19884..i'• ;. , 'al ' , fil, & le • ilin - i'` / CARLTON GALSTER - , ,W Hp { President of City Council 411 APES' '/. '•—/' ..- '-p..1 '1tyi 0.•terk i4 : ;T e- ragoi n Ordinance No . 485 was approved by me - Ids: ' .`/i4th `, lay of October , A.D. , 1988 . MAYOR C=4 . r 7 _q •SQ I m JED PITTMAN aemt CBrCuIi C4urf. Peat* 6 - G 10. R. 1752 PG 1599 r' G