Ordinances

​ORDINANCE NO. 2026-XX

​AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, REGULATING THE OPERATION OF MOTORIZED SCOOTERS AND MICROMOBILITY DEVICES WITHIN MUNICIPAL BOUNDARIES; ESTABLISHING AN OPERATOR PERMITTING AND SERIALIZED DECAL REGISTRY SYSTEM; CREATING A MANDATORY SAFETY TRAINING PROGRAM; DEFINING PROHIBITED HIGH-DENSITY PEDESTRIAN ZONES; PROVIDING A TIERED ENFORCEMENT FRAMEWORK AND GRANDFATHERING TRANSITION PROTOCOLS; PROVIDING FOR ADMINISTRATIVE APPEALS, EXEMPTIONS, AND STATUTORY HARMONY; PROVIDING FOR APPLICABILITY, SEVERABILITY, AND AN EFFECTIVE DATE.

​Section I: Scooter Safety and Rules of the Road Instruction Block

​A. Administration and Approval

All instructional materials, curriculum criteria, and testing protocols required under this Section shall be administered, reviewed, and approved by the City of Deltona’s designated enforcement entity (or authorized designee). No Micromobility Operator Permit shall be issued without verified compliance with this approved curriculum.

​B. Mandatory Lesson Criteria

The educational curriculum must specifically target and test proficiency in the following four core operational areas:

• ​1. Lane Positioning and Yielding Protocols: Operators must be instructed on proper positioning within municipal bicycle lanes and right-of-way configurations. This includes a clear delineation of yielding priorities, explicitly mandating that motorized scooter operators must yield the right-of-way to pedestrians, bicycles, and mobility-assistance devices in all shared spaces, as well as safe overtaking maneuvers.
• ​2. Prohibited Pedestrian-Dense Zones: Explicit identification of designated pedestrian-dense sidewalks, plazas, and municipal zones where the operation of motorized scooters is strictly prohibited. Instruction must require dismounting and walking the motorized scooter when traversing prohibited sidewalks or transitioning through restricted pedestrian zones.
• ​3. Hand Signaling and Braking Techniques: Demonstration and mastery of standard, lawful hand signals for turning (left, right) and stopping/slowing. Instruction must cover defensive braking mechanics, including proper weight distribution, variation in stopping distance based on surface conditions, and avoidance of sudden mechanical lock-ups.
• ​4. Compliance Maintenance and Verification: Operators must be instructed on their legal obligation to carry proof of lesson completion at all times during operation. Acceptable proof includes an authorized digital certificate displayed on a mobile device or a physical, city-issued completion card.

​C. Verification of Compliance

Enforcement Standard: Any person operating a motorized scooter within the municipal boundaries of the City of Deltona must immediately present digital or physical proof of lesson completion upon request by any law enforcement officer or designated code enforcement official. Failure to present valid proof of completion shall constitute a violation of this ordinance.

​Section II: Definition of "High-Density" Pedestrian Zones

​For the purposes of this Ordinance, "high-density" as it pertains to sidewalks, walkways, and municipal zones shall be defined by the following structural and situational criteria:

​A. Structural and Spatial Definitions

• ​Primary Public Right-of-Way: Any sidewalk or pedestrian walkway immediately adjacent to commercial districts, municipal plazas, or civic centers where the clear, continuous, unobstructed walkway width is restricted or experiences regular pedestrian bottlenecks.
• ​Educational and Public Assembly Perimeters: Any walkway, sidewalk, or multi-use path located within a 500-foot buffer zone of the property lines of any active school (K–12), public park, community center, or municipal building during operational hours.
• ​Transit Interfaces: Any sidewalk area encompassing, or within 100 feet of, a designated public transit stop, bus shelter, or rideshare staging area where pedestrians routinely congregate or queue.

​B. Situational and Operational Definitions

• ​Peak Pedestrian Traffic Volumes: Any sidewalk or public path that experiences a sustained pedestrian flow rate exceeding 15 pedestrians per minute passing a fixed point during specific peak commuting, school dismissal, or business hours.
• ​Designated Special Event Zones: Any municipal right-of-way or public square temporarily or permanently designated by the City Commission or local law enforcement as a high-traffic zone due to permitted community events, festivals, or public gatherings.

​C. Administrative Designation Power

​Statutory Authorization: The City of Deltona's designated enforcement entity, in consultation with the Public Works and Planning Departments, maintains the authority to officially designate and mark specific geographic zones as "High-Density Pedestrian Zones" via conspicuous signage or pavement markings. A registry of these prohibited zones shall be maintained publicly and integrated directly into the mandatory operator safety training curriculum.

​Section III: Integration of Safety Education and Serialized Decal Tracking

​A. Pre-Condition for Decal Issuance

No serialized micromobility decal shall be issued, renewed, or assigned to any motorized scooter until the applicant provides verified proof of compliance with the Scooter Safety and Rules of the Road instruction block. The city’s database must programmatically lock the issuance of a serialized decal until the safety module completion certificate is validated.

​B. The Unique Identifier Nexus

Upon successful completion of the safety training, the operator’s unique student verification number shall be permanently linked to the specific Serialized Decal Number issued by the City of Deltona. This dual-indexing creates a direct, unalterable nexus between the operator's safety record and the physical vehicle.

​C. Data Synchronization and Registry Maintenance

The designated enforcement entity shall maintain a secure, real-time digital registry containing the following synchronized data fields: Operator Profile (legal name, age, contact), Safety Certification (date of completion, test score), Decal Specifications (alphanumeric serial number, expiration date, vehicle serial/VIN), and Compliance Status.

​D. Field Verification and Enforcement Mechanics

The serialized decal must be permanently affixed to a highly visible, designated location on the motorized scooter (e.g., the front stem or main deck) as prescribed by the city. Decals must use a standardized, weather-resistant QR code or RFID chip embedded in the serialization, allowing local law enforcement and code enforcement officers to scan the physical decal in the field to instantly verify registration legitimacy, operator matching, and overall certification validity.

​E. Penalties for Registration and Decal Tampering

​Statutory Prohibition: It shall be a violation of this Ordinance to operate a motorized scooter with a defaced, expired, or transferred decal. Transferring a serialized decal to an individual who has not completed the mandatory safety instruction block shall result in the immediate revocation of the operating permit and the imposition of progressive fines.

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Section IV: Equipment Replacement, Registry Updates, and Grace Periods

​A. Mandatory Notification of Equipment Replacement

If an authorized operator permanently replaces, retires, or exchanges their motorized scooter, they are legally obligated to update their registry profile. The existing serialized decal assigned to the retired vehicle becomes void immediately upon disposal and cannot be transferred to a replacement scooter.

​B. Establishment of the Grace Period

The operator shall be granted a maximum period of ten (10) business days from the date of acquisition of the replacement motorized scooter to update their registry information. During this 10-day grace period, the replacement motorized scooter may not be operated on any public right-of-way, bicycle lane, or municipal property within the City of Deltona until a new serialized decal has been issued and successfully affixed to the replacement vehicle.

​C. Administrative Update and Decal Re-Issuance Process

To maintain continuous compliance without re-taking the safety course, the operator must complete the following administrative steps within the 10-day window:

1. ​File an Equipment Modification Request digitally or in person.
2. ​Verify safety certification status remains active.
3. ​Provide the manufacturer name, model, and frame serial number (VIN) of the replacement scooter.
4. ​Pay a nominal administrative processing fee for a new serialized decal.

​Section V: Tiered Enforcement Model

​A. Progressive Penalties

• ​1. First Offense (Correctable Non-Compliance): Any operator found operating a replacement motorized scooter past the 10-day grace period without an updated registry entry shall be issued a Correctable Non-Compliance Citation ("Fix-It" ticket) accompanied by a nominal civil fine. The fine shall be waived entirely if the operator updates the registry and obtains a valid serialized decal within five (5) business days of the citation.
• ​2. Second Offense (Willful Non-Compliance): A second violation within 12 months, or failure to correct a first offense within the allotted window, shall result in an increased civil penalty and the immediate administrative suspension of the operator's Micromobility Operator Permit.
• ​3. Seizure and Impoundment Threshold: A motorized scooter shall only be subject to immediate towing and impoundment by law enforcement or designated code enforcement personnel if:
  • ​The vehicle is found abandoned in a designated High-Density Pedestrian Zone, creating an active right-of-way obstruction.
  • ​The vehicle features a purposefully defaced, counterfeited, or altered serialized decal.
  • ​The operator is found fleeing enforcement or is found to possess an actively revoked or suspended safety certification.

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Section VI: Grandfathered Operators and Transition Protocols

​A. Purpose and Scope

To ensure an orderly transition toward full municipal compliance and to minimize disruption for existing micromobility users within the City of Deltona, this Section establishes provisional exemptions from immediate administrative requirements upon the effective date of this Ordinance.

​B. Eligibility Criteria for Grandfathered Status

An operator shall qualify for grandfathered status if they can demonstrate proof of motorized scooter ownership and operation within the city before the official enactment date of this Ordinance. Acceptable forms of proof include a dated purchase receipt showing a Deltona residential address or a notarized affidavit of ownership demonstrating regular use by enactment.

​C. The Grandfathered Transition Timeline

• ​1. Immediate Serialized Decal Issuance (0–30 Days): Eligible existing operators must register their vehicle's unique frame identifier within thirty (30) days of the ordinance's effective date to receive a temporary Provisional Serialized Decal. The standard registration fee shall be waived during this initial 30-day window.
• ​2. Educational Grace Period (0–90 Days): Grandfathered operators are granted a ninety (90) day grace period from the effective date of the ordinance to complete the mandatory Scooter Safety and Rules of the Road instruction block.
• ​3. Full Compliance Deadline: Upon expiration of the 90-day grace period, the Provisional Serialized Decal shall expire. It will be converted to a permanent Serialized Decal only after the programmatically verified proof of completion of the safety module.

D. Safety Standard: While operating under a Provisional Serialized Decal during the 90-day grace period, grandfathered operators are strictly bound by all operational rules of this Ordinance. Grandfathered operators who have not yet completed the safety instruction block are strictly prohibited from operating within any designated High-Density Pedestrian Zones.

​E. Termination of Grandfathered Status

Grandfathered privileges and the associated educational grace period shall be immediately revoked if the operator is cited for a moving or right-of-way violation within municipal boundaries during the 90-day transition window, or if they fail to complete the safety instruction block before the 90-day deadline.

Section VII: Administrative Appeals, Exemptions, and Statutory Harmony

A. Procedural Due Process and Administrative Appeals

· ​1. Right to Appeal: Any individual whose Micromobility Operator Permit is suspended or revoked, or whose motorized scooter is impounded under Section V of this Ordinance, shall have the right to an administrative hearing to challenge the enforcement action.

· ​2. Filing Period: A written Request for an Administrative Appeal must be filed with the City Manager’s office (or designated clerk) within fourteen (14) calendar days from the date the citation, suspension notice, or impoundment order was issued.

· ​3. Hearing Before Special Magistrate: Upon receipt of a timely request, the City shall schedule a hearing before a municipal Special Magistrate within thirty (30) calendar days. The scope of the review shall be limited to whether competent, substantial evidence supported the initial enforcement action. The decision of the Special Magistrate shall constitute final agency action.

​B. Americans with Disabilities Act (ADA) Exemption Clause

​Strict Legal Carve-Out: The provisions, operational restrictions, and prohibitions outlined in this Ordinance—specifically, the restrictions on High-Density Pedestrian Zones—apply strictly to commercial or recreational motorized scooters and micromobility devices. This Ordinance explicitly does not apply to motorized wheelchairs, customized mobility-assistance devices, or any electric personal assistive mobility device utilized by an individual with a disability as protected under the Americans with Disabilities Act (ADA) and Florida law.

​C. Florida State Law Harmony and Non-Preemption

· ​1. Statutory Alignment: This Ordinance is enacted pursuant to the municipal home rule powers granted under the Florida Constitution and Section 166.021, Florida Statutes, and is intended to be interpreted in absolute harmony with Chapter 316, Florida Statutes (the Florida Uniform Traffic Control Law).

· ​2. Conflict Resolution: If any provision of this Ordinance is found to directly conflict with a mandatory state traffic control statute (including the uniform rights and duties of bicycle operators under F.S. § 316.2128), state law shall control, and the remaining non-conflicting portions of this Ordinance shall remain in full force and effect.

​Section VIII: Severability and Effective Date

​A. Severability

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, preempted, or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

​B. Effective Date

This Ordinance shall take effect immediately upon its final passage and adoption by the City Commission of the City of Deltona, Florida.

​Official Operator Curriculum & Instructional Manual

Micro-Mobility & Motorized Vehicles (Ages 16–17)

Module 1: Welcome & System Overview

Objective: Introduce the program's purpose and establish the mandatory administrative and registration requirements for operating a motorized vehicle legally within municipal boundaries.

• 1.1 The Shared Responsibility: Welcome to the City of Deltona’s Micromobility Safety Program. Operating a motorized scooter carries a shared responsibility to keep public rights-of-way safe and accessible. Every legal scooter must be registered and linked to an individual operator profile.
• 1.2 Serialized Decal Placement: Upon passing this course, operators are issued a weather-resistant, uniquely numbered Serialized Decal. This must be permanently affixed to a highly visible, clean surface on the front stem or main deck of the scooter. It must never be covered, defaced, or obscured.
• 1.3 The Tracking Nexus: Every decal contains an embedded QR code and RFID chip, allowing law enforcement and code enforcement officers to instantly verify that the physical scooter matches the safety-certified operator's profile. Decals are strictly non-transferable.
• 1.4 The 10-Day Equipment Replacement Rule: If an operator sells, loses, destroys, or upgrades their scooter, the current decal becomes void. Operators have exactly ten (10) business days to update their registry profile via the city portal. During this 10-day window, operating the new, unregistered vehicle on any public right-of-way, bike lane, or sidewalk is strictly prohibited until the new decal is physically affixed.

Module 2: Statutory Foundations & Equipment Standards

Objective: Establish a foundational understanding of the legal framework, operator responsibilities, and mandatory safety equipment before a vehicle ever enters the right-of-way.

• 2.1 The "First-In, Last-Out" Operational Rule: Core training on sharing public spaces. Young operators learn that while they possess the fundamental road rights of standard cyclists, they must absolutely yield the right-of-way to all pedestrians and non-motorized traffic in every scenario.
• 2.2 Mechanical Compliance Checklists: Step-by-step pre-ride inspection protocols focusing on mandatory equipment for operators under 18: active front/rear illumination, audible signaling devices, and functional braking metrics.
• 2.3 Speed Governance Laws: Practical instruction on statutory speed caps mandated by the local ordinance, teaching operators how to monitor and regulate speed across different zones.

Module 3: Defensive Lane Positioning & Active Communication

Objective: Equip operators with the tactical skills required to navigate live traffic, interface safely with pedestrians, and communicate their intent predictably.

• 3.1 Proper Positioning & Bike Lane Etiquette: Detailed protocols for operating with the flow of traffic, riding to the right-hand portion of designated bike lanes, and handling intersections predictably.
• 3.2 Lane Exceptions: Instruction on the specific scenarios where an operator may temporarily leave a bike lane—such as preparing for a left-hand turn, avoiding hazardous debris (broken glass/gravel), or avoiding an opening car door.
• 3.3 Unified Signaling Tactics: Direct integration of standard hand signals with defensive lane positioning. Operators are trained to communicate turns, lane changes, and sudden stops clearly before executing the maneuver.
• 3.4 The Yielding Hierarchy: In-depth review of the city's strict yielding hierarchy, reinforcing that motorized scooters sit at the bottom of the hierarchy and must defer to all pedestrians and non-motorized traffic.

Module 4: Tactical Hazard Awareness & Defensive Braking

Objective: Train operators to proactively identify physical hazards, adapt to changing environmental conditions, and master emergency stopping techniques.

• 4.1 Surface Dynamics & Traction Management: Training eyes to spot and safely navigate traction hazards unique to light, small-wheeled vehicles—such as loose gravel, wet leaves, oil slicks, drainage grates, and sidewalk transition lips.
• 4.2 Controlled Deceleration Mechanics: Hands-on mechanics of proper weight distribution during emergency stops, specifically training operators how to shift their center of gravity to prevent skidding or over-the-handlebar accidents.
• 4.3 Low-Visibility & Weather Adaptations: Strategic positioning, scanning techniques, and defensive adjustments required for dawn, dusk, night, and heavy Florida downpours.

Module 5: Accountability, Civil Compliance & Enforcement

Objective: Instill long-term civil responsibility by detailing the enforcement process, penalty tiers, and the shared accountability structure.

• 5.1 Civil Compliance & Infraction Structures: A transparent breakdown of the non-criminal municipal infraction system for youth operators:
  1. First Offense: Operating a replacement scooter after the 10-day grace period results in a Correctable Non-Compliance Citation ("Fix-It" ticket), which is waived if the registry is updated within 5 business days.
  2. Second Offense: A second violation within 12 months results in an increased civil fine and the immediate administrative suspension of the Operator Permit.
  3. Immediate Impoundment: Outlines the three severe scenarios that trigger immediate towing and impoundment: abandonment, blocking traffic in a High-Density Zone, a purposefully defaced or altered decal, or fleeing an officer/operating with a suspended permit.

• 5.2 Parental & Guardian Oversight: A clear overview of the shared statutory liability for operators under the age of 18 as explicitly defined by the municipal ordinance.

Program Completion Requirement: Final Proficiency Exam

To unlock the Micromobility Operator Permit and receive the Serialized Decal, the student must score 80% or higher on a randomized 20-question final exam covering the material in Modules 1 through 5.

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