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Draft letter August 16, 2006 Dear
Flagler County has received a number of complaints from residents in The Hammock regarding the use of unauthorized vehicles on the bike path along A1A. To better inform the public regarding state laws on the use of bike paths, we respectfully request your organizations help in getting the following information out to the citizens in your neighborhood: "In accordance with Florida law, bike paths are reserved for "human powered vehicles" such as bicycles or pedestrians. While the use of powered wheelchairs is allowed, All- Terrain Vehicles (ATV), golf carts, powered scooters and similar type of vehicles are prohibited. The following reference to Florida law applies: Florida Statute 316.1995: Driving upon sidewalks or bicycle path –No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal infraction, punishable as a moving violation as provided in chapter 318". Florida Statue 316.003 defines a "vehicle" as it would apply above as "every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or motorized bicycle". (Note: a wheelchair is defined as an "electronic personal assistance mobility device" that is designed to transport only one person". A motorized bicycle is defined as a bicycle powered by both human and an electric motor capable of no more that 20 miles per hour)." Again, your assistance in helping us to better inform the public regarding the use of bike paths would be greatly appreciated. In addition, Flagler County will be reviewing the number and location of "No Motor Vehicle" signs along theA1A bike path to help alleviate the problem of unauthorized vehicles. In addition, by copy of this letter, we will again request that the Sheriff’s Office reemphasize the enforcement of state statues and the use of motorized vehicles on bike paths. Please do not hesitate to contact me at (386) 437-7480 ex: 222, for further information or assistance in this matter. Sincerely,
Jim Jarrell Deputy County Administrator CC: Flagler County Board of County Commissioners Don Fleming, Flagler County Sheriff |