Item Coversheet

  Bay County Board of County Commissioners
Agenda Item Summary

Amendment to Motorscooter Ordinance

DEPARTMENT MAKING REQUEST/NAME:
Jennifer Shuler, Deputy Assistant County Attorney 
MEETING DATE: 8/6/2019 
REQUESTED MOTION/ACTION:

Board to approve the attached ordinance amending Bay County Code Chapter 24, Traffic, Article III, Motorcycle, Motorscooter and Moped Rentals and authorize the Chairman to sign the same.

AGENDA
County Attorney - Public Hearing
BUDGETED ITEM? N/A
BUDGET ACTION:
None needed.
FINANCIAL IMPACT SUMMARY STATEMENT:
N/A

BACKGROUND:

In 2014, a local motorscooter rental company, Classy Cycles, sued both Bay County and the City of Panama City Beach challenging local laws that: 1) required customers who rent scooters to wear visible safety vests; and 2) required the scooter rental companies to carry liability and property damage insurance. Both the County and the City won at the trial court level. However, the First District Court of Appeals reversed the trial court and ruled that both the safety vest and insurance requirements are preempted by state law.

 

The County Attorney's Office is in the process of updating the Bay County Code. The attached ordinance amends Bay County's motorscooter code to abide by the ruling of the First DCA by deleting both the safety vest and insurance requirements.


ATTACHMENTS:
DescriptionType
2019 Motorscooter Ordinance amendment finalCover Memo