(1) General Information.

Terms Used In Florida Regulations 6C2-2.010

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    (a) The provisions of this rule shall be applicable to all persons who operate or park a bicycle on the Florida State University campus at all times, including examination periods, term breaks, and registration periods.
    (b) All ordinances of the City of Tallahassee relating to Traffic which are not in conflict with or inconsistent with this rule are made a part thereof and are enforceable as provided herein.
    (c) The University reserves the right to designate and regulate the use of all its bicycle parking facilities, including the right to remove, or reallocate parking areas as the need arises. The responsibility of locating legal parking space rests with the operator of the bicycle. Lack of space will not be considered a valid excuse for violating parking regulations.
    (d) Definitions.
    1. Administering Agency. The Florida State University Department of Public Safety and Department of Environmental Health and Safety and Parking Services are vested with the authority necessary to enforce this rule.
    2. Bicycle. Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and capable of propelling the vehicle at a speed of not more than 10 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.
    3. Bicycle Lane. That portion of a roadway restricted to the exclusive use of bicycles and so designated by signs and/or markings.
    4. Bicycle Path. A route separate from roadways for the exclusive use of bicycles and so designated by signs and/or markings.
    5. Campus. All property situated in the Tallahassee area that is under the control of The Florida State University.
    6. Dual Use Sidewalk. A sidewalk on which both bicycle and pedestrian traffic is permitted and that is so designated by signs and/or markings.
    7. Hazard. When a bicycle is parked or secured by chain or other device in a location the result of which creates a situation of risk, peril or danger of injury or destruction to property.
    8. Operator. The person in actual physical control of a bicycle.
    9. State. The State of Florida.
    10. University. The Florida State University.
    11. All other definitions cited in Florida Statutes § 316.003, and relating to bicycles and other motor vehicles are hereby accepted for use in this rule.
    (2) Bicycle Registration.
    (a) All bicycles that are operated, parked, or stored on campus by any student or faculty or staff member of the University community are encouraged to voluntarily register their bicycles with the Department of Public Safety or Environmental Health and Safety. Bicycles not owned or operated by a member of the University student body, faculty or staff, or an employee of a University related agency or office can be operated or parked on the campus in accordance with this rule.
    (b) The application form includes the following:
    1. Full name and address of the owner(s).
    2. The owner’s FSU ID number.
    3. Name and address of the Operator (if different from previous name and address).
    4. Make, color, serial number, and model of the bicycle, or other identifying information.
    (3) The Operation of Bicycles.
    (a) Every person operating a bicycle upon a public street shall do so in accordance with the traffic control devices and rules of the road that are applicable to motor vehicles under Florida law and regulations specified within this rule.
    (b) Mounted bicycles shall be operated only on a roadway, bicycle path, bicycle lane, or dual use sidewalk.
    (c) A person operating a bicycle shall do so as close to the right hand side of the path, lane, sidewalk and roadway and with the flow of traffic.
    (d) Rules of the road applicable to motor vehicles shall apply to bicycles operated on bicycle paths unless this rule explicitly requires a different course of action. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use that path and not use the roadway.
    (e) After sundown, every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred feet to the front and a lamp on the rear exhibiting a red light visible from a distance of five hundred feet to the rear. A red reflector meeting the requirements of this section may be used in lieu of the red light. All such lamps and reflectors shall be in place and in operation whenever a bicycle is operated after sundown.
    (f) All traffic signals, stop signs, yield signs, and other traffic control signs will apply to the operator of a bicycle. Traffic control signs or devices on a roadway parallel to a bicycle path shall also apply to the operator of a bicycle on such a path if that path leads into or crosses an area or street protected by the traffic control device.
    (g) The operator of a bicycle shall at all times yield the right-of-way to pedestrians.
    (4) Bicycle Parking.
    (a) The Florida State University reserves the right to designate and regulate the use of all its bicycle parking facilities.
    (b) The responsibility of locating legal parking space rests with the operator of the bicycle. Lack of space will not be considered a valid excuse or reason for violating parking regulations.
    (c) A bicycle is forbidden to be parked and/or secured on a handicapped accessible ramp, either in part or totally, or in any manner that would restrict the movement of physically challenged persons.
    (d) Bicycles shall be parked so as not to impede any form of pedestrian or vehicular movement. Prohibited areas include any area within six feet in front and to the side of any entrance to or exit from any building, within any sidewalk, on any access or egress ramp, or sidewalks, steps or stairs, in corridors, or motor vehicle parking spaces.
    (e) A bicycle should be chained or locked only to a bicycle parking rack or to the locking device provided in bicycle parking areas.
    (f) The Department of Public Safety and the Department of Environmental Health and Safety are authorized to cut security devices and remove for impoundment any bicycle parked or stored in violation of this rule. A bicycle will be impounded for any of the following reasons:
    1. Parked in a manner so as to create a hazard, as defined in subparagraph (2)(f)7.
    2. Abandoned.
    3. Parked in a prohibited area as provided in paragraphs (4)(c) and (d).
    (g) A person whose bicycle has been impounded may claim their bicycle within 30 days by contacting the Department of Public Safety or Department of Environmental Health and Safety. The burden of proving ownership shall rest with the person claiming the bicycle.
    (h) An impounded bicycle not reclaimed within 30 days shall be considered to be abandoned and shall be disposed of by the University in accordance with Florida Statutes § 705.18
    (5) Enforcement Procedures.
    (a) Any person whose actions result in a violation of this rule will be assessed a fine of $10.00 per violation in accordance with Florida Statutes § 240.265
    (b) All fine assessments are payable at Parking Services.
    (c) Alleged violators of this rule will have the same avenues of appeal as an operator of a motor vehicle in accordance with FSU Fl. Admin. Code R. 6C2-2.009
Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.263, 240.264, 240.265, 240.266, 705.18 FS. History-New 9-30-75, Formerly 6C2-2.10, Amended 3-7-95.