Loading...
HomeMy WebLinkAbout2009 07 13 Public Hearings 501 Ordinance 2009-11 Golf Carts on City RoadwaysCOMMISSION AGENDA ITEM 501 July 13.2009 Meeting CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR MGR /DEPT uthorization REQUEST: The City Attorney, in cooperation with the Police Department, requests that the City Commission hold a Public Hearing to Consider Ordinance Number 2009-11, amending Chapter 12 of the City of Winter Springs Code of Ordinances, as it relates to Operation of Golf Carts on Certain City Roadways. PURPOSE: The purpose of this agenda item is to request the City Commission hold a Public Hearing on an ordinance to amend the City's Motor Vehicles and Traffic regulations, to make these regulations more conducive to residents and the city and providing services to the community. CONSIDERATIONS: The Police Department presented Regular Agenda Item 603 at the May 26, 2009 Commission meeting regarding the use of golf carts on city streets and roadways. The commission selected option 2 that directed the Police Department to draft an ordinance that would allow the use of golf carts on certain city streets and roadways with specific safety equipment, and defined usage regulations. The Police Department also provided information to the City Commission regarding the current use of golf carts on public roadways from a recent inquiry from Mrs. Sue Sumser regarding her 14 year old son using a golf cart on city roadways. The growing trend of golf cart communities in the United States over the past couple of years has increased significantly in both golf course and none golf course communities. With the continued rise in the price of gasoline, insurance, and environmental efforts golf carts have become green and a convenient alternative mode of transportation for local community travel. Most recently, the City held a community visioning workshop and the participants were asked to imagine where Winter Springs would be in 2020 and in the transportation element they envisioned a golf cart community. Some communities are being designed for golf carts to be used for shopping, movies, and general local use. The Villages are a recent example of this type of community. Cities like North Port, Shalimar, Palmetto Bay, Sarasota County, and St. Johns County are enacting ordinances for golf cart use in pre-existing areas as well as new design standards for subdivisions. The Sumter County Sheriff's Office reported they have had only 14 traffic accidents involving golf carts over the last 3 years and no injuries have been reported. The other cities have not had any accidents on the roadways, but have had golf cart accidents on golf course property which were alcohol related involving other golf carts or trees. Throughout the city we have 3 main areas and some other areas where golf carts are being used daily and can be seen on the roadways of the city or at local businesses and City Parks. They are the Tuscawilla PUD, Highlands, and the Ranchlands. Over the last 20 years the police department has not experienced a traffic accident involving a golf cart and a vehicle. However in light of Mrs. Sumser's question and the application of the statute, this practice must now follow the state statute 316.212 for golf cart use in the city. On January 19, 2005 the City of Atlantis Florida which had allowed the usage of golf carts for several years had started to experience several issues with children ages 14 and younger driving golf carts on city roadways. They sought the support from cities throughout Florida for a legislative change to Florida State Statutes 316.212 to allow cities to enact ordinances that would be more restrictive than the state requirement. The City of Winter Springs as well as several other cities signed a proclamation in support of the City of Atlantis efforts. They found that other cities that had ordinances were experiencing the same issues with the young and unlicensed operators using golf carts. In the following legislature session F.S.S. 316.212 was changed to add that municipalities by ordinance may be more restrictive than the state law for the operational use and safety equipment as enacted by the local government on public roadways. The state did however leave the minimum age of 14 in the statute for those who may operate a golf cart. In reviewing various ordinances we found that almost all the cities ordinances have all operators must have a valid driver license. Equally they have increased the safety equipment required, such as a horn, turn signals, and brake lights. Many communities also have a permitting procedure that the police department performs a safety check once a year to each golf cart for approved equipment, serviceable tires, and steering wheels and then issue a sticker for use. They charge fees ranging from $5.00 to $25.00 a year for this service. The application also includes prohibited uses, authorized uses, penalties for violations, and verification of driver license. We found no communities that enacted an ordinance used just the minimum state statute requirements for golf cart operations on city roadways. RECOMMENDATION: The staff recommends that the City Commission hold a Public Hearing and approve the first reading of Ordinance No. 2009-11. FUNDING: None IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: (A) -Draft Ordinance 2009-11, (B) -Golf Cart Registration Form, COMMISSION ACTION: ATTACHMENT A ORDL'~A_\CE :0.2009-11 AN ORDL'~A\CE OF THE CITY CO~~IISSION OF THE CITY OF «'Ln'TER SPRLtiGS, FLORIDA, A4IE\~TNG ARTICLE III OF CHAPTER 12 OF THE CODE OF ORDLN~\CES RELATED TO MOTOR VEHICLES Av'D TRAFFIC REGLZ.ATIONS; CREATLI G A \~~'~' DIVISION 3 RELATED TO THE OPERATION OF GOLF CARTS; AUTHORIZPIG THE OPERATION OF GOLF CARTS ON DESIGNATED CITY ROAD~4'AYS; PROVIDING DEFINITIONS AND RESTRICTIONS; REQUIRING CERIAL'~ EQLTPlIEt"T; PRO~'IDL\GFORREGISTRATION, INSPECTION AND INSURANCE REQLZREIENTS; PRO~'IDL1 G FOR E1~FORCEb°IE\T; PRO~'IDIN G FOR THE REPEAL OF PRIOR INCONSISTE\~I' ORDIl~A\TCES A'~~ RESOLiTIONS; L\CORPORATION L\~'O THE CODE; SE~'ERABILITY; A~~ A\` EFFECTTt'E DATE. «'HEREAS, the City is granted the authority, tuader 5 2(b), Art. ~r'III of the State Constitution, to exercise any po«-er for natuaicipal ptuposes, except ~rhen expressly prohibited by la~t~: and «T~REAS, the City Coaauuission of the City of VG'inter Springs, Florida. recoenizes that the use of golf carts in certain areas can be a safe, economical form of ttatasportatiota aclaich can rediue traffic congestion and gasoluae constuiiptioaa: and ~«iEREAS, section 316.2 L, Florida Statutes, authorizes local go~•enaments to allotti• golf carts to operate on local road«°ays if the local go~•ertatuent has deteamuaed that such operation is safe and has posted signs: and «T-IEREAS, the City of ~'Vinter Springs Police Deparhaient has conducted a study to detenuiaae ~ti-hether golf carts may safely trammel on local toad~l•ays, and has identified the local road~i-ays upon tirhich golf casts can be operated safely. taking into consideration the speed, soluxne and character of motor selaicle ttaffic on said roach~-ays; and ~3~iEREAS, the City Coannaissioaa of the City of [Viuter Springs, Florida fnnds that the operation of golf casts on local roads shotald be 1united to persons possessing a ~-alid dri~•et•'s license: and «'HEREAS, the City Commission of the City of «'iuter Springs, Florida, hereby finds this otduaance to be iu dte best interests of the public health. safety. and i~•elfat•e of the citizens of V~'inter City of A'inter Springs Ordinance No. ?OOJ-11 Page 1 of 6 Springs. NO«', THEREFORE, THE CITY CO~T_14IISSION OF THE CITY OF `'INTER SPRL\GS HEREBY ORDAT_tiS, AS FOLLO«'S: Section 1. Recitals. The foregoing recitals are hereby fiilly incorprnated herein by reference as legislative finduigs of the City Conuiussiou of Winter Sptuigs. Section 2. Code Amendment, The City of ~Yinter Springs Code, Chapter 12, Motor Vehicles and Traffic, is hereby amended as folla~vs tuiderluied type indicates additions and strikroest type indicates deletions, while asterisks (~` * *) indicate a deletion from the Ordinance of text existing in Chapter 1?. It is intended that the text u~ Chapter 1? denoted by the asterisks and set forth in this Ordinance shall remaui tu~clianged from the language existing prior w adoption of this ordinance}: CHAPTER 12.1IOTOR VEHICLES ~1~ TRAFFIC 7L 7f •A~ ARTICLE III. REGULATIONS 71' •k X DIZ'ISIOV 3, OPERATION OF GOLF CARTS Sec. 12-71. Definitions. For peuposes of this division. the follotiving words and Pleases shall hate the following ascribed ineanin€: GolFc~rf7 means a motor vehicle that is designed and marnifacitu•ed for oPet~ation on a golf couz^se for sporting or recreational proposes. b~2 Desigt~aterl t•oarl~i>m~s means. those roads identified by the C'it~r as being safe for operation of golf carts in accordance with all regtriremerrts for operation set forth in this division. ~ Lh•ii~er•'s license means a valid license issued to ogerate a motorvehicle issued by the State of Florida or auv other state. 7flspectiorr shall mean a safety evahration of each registered golf cart by the V~Tinter Spr•irrgs Police Department confu-ruirig that the golf cart meets the minirnrrm requirements Cin* of Winter Springs Ordurarrce No. ?009-11 Pace 7 of 6 Of thlS d1v1510I7, Sec. 12-72. Lase of golf carts on designated. i~oadaa~•s, Golf carts meering all requirements of this division 112a~be operated as follo~~-s: Golf caps maay be operated on al~y,gniiilic 1•oadtvay ~-ithin the city limits of the Cit}t of Vb'inter Springs where the posted speed limit is 30 miles per houl• or less. The City shall provide sig~a~e on designated roadways ~~-here golf cal•ts ula~perated. Golf caps shall not be operated on private prapel•ty, Lu>Iess authorized by the property owner. or on sidetvalls. bicycle paths. stivales, or trails. Golf carts shall not be operated on any 1•oad«~av ~s-hele the designated weed limit is greater than 30 miles tier hottl•. or on any state or county raadw•ay. except to cross at designated intel^sections for the purpose of inunediatelYreachulg the next designated roadway. Ser. 12-73. Resh~ctions. Golf carts operating on designated roadlvavs shall be subiect to the follo~viug restrictiolrs: ~ Horu s of ova°ntron. Golf carts maybe operated on designated roachvavs only dulirig the ho~us bet«-een s~unise and stulset. The City Comtrussion nnay. by 1•esoltttion, ten~v authorize the operation of golf carts on designated road~vavs behveen sunset and stuirise as long as the golf carts operating dluin~ this time ale egiupped «-ith headlights, brake lights, T<un sig_llals. and a ti-uidslueld. LiCBY~SBIi' fff7l"e1'. Golf Cart4 o~eratmg on designated roadtva~ must be operated by a uerson t~,•ho is at least 16 veal•s of age, and who possesses a valid dlivel•'s license. Persons ~vho possess a valid learner's pelYlut may operate a~aolf cart on designated road~vavs tivheli aceornt~alued by a licensed driver of at least 18 nears of aee. ~ _Llax-inrrlrrr s~eer~. Golf carts opelEatu~g on designated roadtvavs shall not exceed ZO miles per hour. Ca»aplia~ICe ~~~tJr n•a~c lcrn+•s. Golf caps shall be operated in accordance with all ~~licable local and state tl•affic re, Rations. Golf caps shall stay to the far light of any desi`nated road~a>av. and shall yield the rift of way to overtaking drivels. Golf carts shall not obstruct or impede normal traffic flow. ~ Decu,~a»rs. Tlie nruilbel• Of occrpants ul a golf calf operated on designated road~t-avs shall be limited to the IIIllllbel• Of seats Oll the golf calf. No occupants of a golf cart shall Citt• of ~G'inter Springs Ordinance ~Io- ?409-11 Page 3 of b stand at any tone while the golf cart is in motion. ~ ~lcolrol. All state regulations~overnu7~ the use and possession of alcoholic beverages «-hile opcrating a motor veluele shall apply to die operation of golf carts on designated road~vavs. Sec. 12-74. Required equipment. All golf carts operated on designated roadtti-avs shall maintain the follo~vuis epuiprrrent in ood ~~ orking order ~ Efficient brakes: lei Reliable steering apparatus: ~ Safe tires: Rean-ie~~• rnurors: ~ Red reflectorized u-arnin~ devices, both in the front and the rear: ~ Headli+hts: Brake lights: Horn. Sec. 12-75. Inspection and registration of golf carts required. All golf carts operating on designated roacheavs in the City of Winter Springs shall Ue registered and inspected as follo~~•s: ~ Golf carts shall be registered by the o~~ner of the golf cart on a form prescribed by the police chief or the police chief's designee. The o«;-ner shall pavan annual registration fee of 510.00, and shall be issued a registration decal ~vluch shall be affixed to the golf cart. Decals shall be issued annually, and are valid from July 1 ~ of each year. ~ Prior to issuance of a registration decal. golf cart o~vner^s shall be required to provide proof of oc~•nership and liability insw•ance, a valid driver's license and sign an affidavit of compliance. Citti° of SVinter S}mngs Ordinance No. '_Q09-i i Page 4 of 6 ~ At the time of 1•egistlation. the Police Department shall inspect the golf cart to eltstue the Iquired equivment is installed and cvorkut~nroverly. In the event the golf calf fails urspectiolr. each additional inspection shall be $5.00. Lost ar stolen registration decals are the respoltsibili of the golf cart otit~ier. A police tepor'[ shall be filed in the event of a lost or stolen decal. The police chief or the police chief s desieltee shall have the discretion to deteruune whether a rcplacelnent decal nta~ issued. If ua existing registration infonnatiou is available. the police chief nla~direct the golf cart oc~-ner to reapply and to I•epav aIt rLquued fees prior to a replacement decal beine issued. Sec. 12-76. Insnrance repuired. All golf cart ott-nel•s are required to purchase and rtraintain liabilitX iltstuartce irlstu•ing against personal uljtuv and propa•tu damage. Mininnun required instu~nce shall be the same as for motor vehicles registered in the State of Florida far personal use and as desigltated by Florida Statutes. Proof of insurance must be preserved at time of Golf cart 1•esistration. and mast be possessed at all tinier by the eolf cart operator ca-hile oneratina the eolf cart on desienated roadtivavs. See.12-77. Enforcement. A ~•iolation of this divisirni shall constitute anon-crinunal iltfraction enforceable eithel• as a code violation to be prosecuted by the Code Enforcement Board. or shall be classified as a Class I Civil Citation Violation. L-niform Traffic Citations shall only be used for violations that are also violations of the Florida Uniform Traffic Control Lath-. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Comnussiorl, or parts of prior ordinances and resolutirnas in conflict 1tele~vitFt, ale heI•eby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Chdinaltce shall be incorporated alto the ~t7intel• Springs City Code and any section or paragraph, ntunber• or letter, and any headuig maybe changed or modified as necessary to effeenrate the foregoing. Cn•amlttatical, typogl•aphical, and like errors maybe eolz~eeted and additions. alterations, and omissions. not affectuig the construction or meaning of this Chdiltartee and the City Code maybe fieely made. Section 5. Sever•abilitr. If any section, subsection. sentence. clause. please. n•ord or provision of this oldiltaltce is for ally reason held urvalld or tlricOrlStlttlhOIral by ally COtrl'L Of competent jtuisdictiou. tvhethel• for substalvive. procedtual, or any other reasolt, such portion shall be deemed a separate. distinct and independent provision. and stuh ltoldins shall not affect the validity of the remaining portions of this ordinance. Cit}- of a'iizter Springs C?rdilrazrce No. ?00~-11 Page ~ of 6 Section 6. Effective Date. Tfus Ordinauee shall become effeeti~•e uiunediately upon adoption by the City Coxxiziussion of the City of Winter Sprigs. Florida, and pursuant to the City Charter. ADOPTED by the City Gonuxxission of the City of ~'4'inter Springs, Florida, in a regular meeting assexubled on the day of . 20Q9. JOAN F. BUSH, J'Iayor ATTEST: A\~REA LORENZO-Lt'ACES, Cit~• Clerk APPROVED AS TO LEGAL FOR'~I A_\D SL'FFICIEtiCY FOR THE CITY OF RZ\TER SPRLIGS O\T.Y, A\7HO~Y A. GARGA\ESE. CitS~ Attorne~• First Reading;_ Second Reading: Effecti~~e Date: City of Winter Springs Cxdutance ~To. ?409-i 1 Page G of 6 ATTACHMENT B Applicant's Name: Address: City, State Zip Driver's License No. Additional Drivers Driver's License No. Golf Cart Permit no.: City of Winter Springs GOLF CART REGISTRATION FORM Insurance information provided yes (attached) no (deny application) Permittee acknowledges the following in order to receive this permit: All persons who operate or ride in golf carts, on city roads do so at their risk and peril, and must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorist, bicyclist and pedestrians. The City of Winter Springs has no liability under theory of law for permitting golf carts to be operated on city roads. Any person, who operates a golf cart, is responsible for procuring liability insurance as required under Chapter 12 of the City of Winter Springs Code of Ordinances which requirement is a condition to using a golf cart. Section 1: Definitions a. Designated Streets. All streets and roads within the City of Winter Springs where the posted speed is 30 miles per hour or less. Golf carts may only cross over streets and roads where the posted speed limit is above 30 MPH. b. Golf Cart. A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purpose as defined in section 316.003(68), Florida Statutes; which is a self propelled vehicle with a minimum of four (4) wheels capable of a maximum level ground speed of less than 20 miles per hour, maximum rated pay load capacity of 1200 pounds, maximum gross vehicle weight of 2,500 pounds, capable of transporting not more than four (4) persons and which complies with the safety operations standards established in Chapter 12. Driver License. A valid license issued to operate a motor vehicle issued by the State of Florida or any other State. d. Operator. Only persons over 16 years of age and holding a driver's license may operate a golf cart. e. Financial Responsibility. Liability insurance coverage on a golf cart in the amount not less than that required by Florida law for vehicles operated on public roads in the State of Florida. f. Inspection. An inspection by the Chief of Police, or his designee, will cover the safety inspection and requirements and every golf cart operating on the roads and streets in the City of Winter Springs. Section 2: Authorized Use a. Licensed drivers may operate golf carts which have been registered, and been issued a permit by the City on all streets and roads whose speed limit is 30 mph or less between sunrise and sunset. b. A permit to use a golf cart on public streets and roads does not permit entry onto private property or semi-private property, including retail parking lots, private roads or common areas owned by Home Owners Associations. Access to these areas may be regulated by the property owners and/or property managers. c. The storage of golf carts shall not occur within the front building line on any property facing a street or road. Section 3: Prohibited Use The operation of any golf cart in the City of Winter Springs in the following manner or under the following conditions is prohibited: a. Without a valid, current driver's license. b. Between the hours of sunset and sunrise. (Unless the commission by resolution finds a public need) then all golf carts during this time will have head lights, brake lights, turn signals, rear view mirror, and windshield. c. Without a valid, current permit issued by the police department and affixed to the golf cart on the rear fender in a conspicuous location. d. In violation of State Uniform Traffic controls and insurance regulations. e. Anywhere the posted speed limit is greater than 30 miles per hour, except to cross a thoroughfare at marked intersections solely for the purpose reaching the immediately next designated road. f. On sidewalks, bicycle path, trail system, swales or parks of the City of Winter Springs. g. Parking in violation of city ordinances or posted regulations. h. Obstructing or interfering with normal traffic flow. i. Carrying more occupants in a golf cart than the number of persons for whom factory seating is installed and provided on the golf cart. j. Standing and extending body parts outside the perimeter of the golf cart while the golf cart is being operated. Section 4: Registration a. All golf carts operated on City all streets and roads must first be registered through the police department and a registration sticker must be placed on the rear fender of the golf cart. b. Registration of golf carts must be made by the owner. c. The owner of the golf carts shall be charged a permit application/registration fee of $10.00 and/or a re-inspection fee of $5.00 if required. d. Driving a golf cart without a current City registration will result in a noncriminal class 1 civil citation of $50.00. e. A list of all golf carts registrations will be maintained by the Police Department. f. Funds from registration fees will support costs of Police administration of golf carts and registration stickers. g. At registration, and annually thereafter, the applicant, shall file a notarized, verified affidavit stating, that the golf cart being registered complies will all the conditions contained in this ordinance, including all safety requirements required under 12-55(f). Failure to execute and provide the notarized, verified affidavit shall result in the city's rejection of the permit request. h. The Police Department shall issue a permit to a golf cart, which compiles will all requirements identified herein. The permit shall be displayed on the rear fender in a conspicuous location. i. Proof of insurance shall be provided to the Police Department. Section 5: Required equipment a. Efficient locking brakes; b. Reliable steering apparatus; c. Safe tires; d. Rear stop lamps meeting the minimum standards of 316.234(1), Florida Statutes; e. Turn signals meeting the minimum standards of 316.234(2), Florida Statutes; (Optional unless operated from sunset to sunrise by resolution) f. Head lamps, reflex reflectors and tail lamps (rear position lamps as set forth in ANSUNGCMA 2135-2004, American National Standard for personal Transport Vehicles-Safety and Performance Specifications; g. Reverse warning device; h. Main power switch; i. Horn; j. Safety labels and Manufactures serial number plate. k. Red Reflectorized warning devices, both front and the rear. Section 6: Operators a. Drivers must hold a current, valid driver's license and insurance in order to operate a golf cart upon the City streets and roads. Section 7: Traffic Laws a. Operators of golf carts, using streets within the City are required to observe all applicable state and local traffic laws as if they were operating any other motor vehicle. b. Owners and operators of golf carts shall comply with State and Local law pertaining to insurance requirements. Golf carts may be ticketed for traffic violation in the same manner as motor vehicles. Section 8: Penalty A violation of any provision shall constitute a violation of Chapter 12 of the Code of Ordinances of the City of Winter Springs. Upon a finding that an owner, lessee or operator of a golf cart, has violated any provision of this Chapter, such person shall be subject to anon-criminal, class 1 civil citation for each offense relating to a violation of Chapter 12, including but not limited to the failure to obtain apermit/registration, and as per Florida Statutes for every other violation of state law. Section 9: Enforcement The City of Winter Springs Police Department with the assistance of Code Compliance shall be responsible for enforcing Chapter 12 of the Code of Ordinances of the City of Winter Springs. AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA) COUNTY OF SEMINOLE) CITY OF WINTER SPRINGS) Before me, the undersigned authority, personally appeared who being duly sworn by me, on oath, deposes and says: 1. I am the owner of a golf cart and reside in the City of Winter Springs. 2. I have read and am familiar with the provisions of Ordinance 2009-11. 3. I and operators of the golf cart hold a valid driver license and at least 16 years of age. 4. I am filing this Affidavit of Compliance in order for the golf cart to be permitted for use in the City of Winter Springs. I certify that the golf cart that I own and intend to use has the following required equipment (in working order); a. Efficient locking brakes; b. Reliable steering apparatus; c. Safe tires; d. Rear stop lamps meeting the minimum standards of 316.234(1), Florida Statutes; e. Turn signals meeting the minimum standards of 316.234(2), Florida Statutes; (Optional unless operated from sunset to sunrise by resolution) f. Head lamps, reflex reflectors and tail lamps (rear position lamps as set forth in ANSUNGCMA 2135-2004, American National Standard for personal Transport Vehicles-Safety and Performance Specifications; g. Reverse warning device; h. Main power switch; i. Horn; j. Safety labels and Manufactures serial number plate. k. Red Reflectorized warning devices, both front and the rear. Under penalty of perjury, I declare that to the best of my knowledge, the above statements are true and correct. I understand that the penalties for perjury may consist of a fine or imprisonment or both. Signature Sworn to and subscribed before me this day of , 20, Affiant is Personally known to me or has produce , as identification. Notary Public, State of Florida Printed name of Notary My Commission expires: FOR STAFF USE ONLY: ^ $10.00 Initial Registration Fee/Annual Renewal ^ Affidavit of compliance executed ^ Copy of insurance information attached ^ Permit provided, number of Permit: ^ Copy of driver's license numbers for all operators attached ^ Safety equipment inspection completed Staff Signature and ID Number