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2014 12 08 Public Hearing 501 First Reading Ordinance 2014-32 Amendment to Golf Cart Operation OrdinanceCOMMISSION AGENDA ITEM 501 Informational Consent Public Hearings X Regular December 08, 2014 KS KB Regular Meeting City Manager Department REQUEST: The Police Department requests the City Commission consider first reading of Ordinance 2014 -32 which proposes amendments to Section 12 -72 (Golf Cart Operation) signage and annual inspection requirements. SYNOPSIS: Part of the requirement of ordinance 12 -72, which permits golf cart operation on certain city roads, was the posting of signs on roadways where operation of golf carts is allowed. Based upon several factors further detailed below, and after consultation with the city attorney, the Police Department is proposing minor changes to the ordinance's signage posting requirements. Additionally, we propose to change the ordinance's current language to: 1) allow the sworn affidavit obtained from the owner upon the initial registration inspection to serve for one year and then require the annual renewal fee and sworn affidavit to be collected on the second and subsequent years, and 2) permit renewal of decals annually instead of the month of July which the code currently specifies. CONSIDERATIONS: Ordinance 12 -72 was adopted to permit the operation of golf carts on certain roadways within Winter Springs. Part of the requirement of this ordinance was the posting of signs on roadways where operation of golf carts is allowed. The ordinance indicates, "Golf carts may be operated on any public roadway within the city limits of the City of Winter Springs where the posted speed limit is thirty (30) miles per hour or less and golf carts shall not be operated on any roadway where the designated speed limit is greater than thirty (30) miles Public Hearings 501 PAGE 1 OF 3 - December 08, 2014 per hour, or on any state or county roadway, except to cross at designated intersections for the purpose of immediately reaching the next designated roadway. The ordinance also notes, "The city shall provide signage on designated roadways where golf carts may be operated ". As such, within our city very few roads are exempt from this requirement and nearly every street in the city would require an individual sign. This requirement would not only be cost prohibitive but could also create an unsightly, cluttered look throughout the city. Based on those factors, the city attorney was consulted concerning a revision to the current ordinance to loosen the signage requirements for locations where these signs are required and apply a common -sense approach to posting them. This approach includes posting signs solely on all roads entering the golf -cart designated area, as well as the potential for some additional signs on some of the higher- traffic streets (i.e. Sheoah Blvd., Winter Springs Blvd., Moss Rd., Northern Way, etc.). It is our position that, when coupled with additional continuing notification to residents in the way of educational brochures, this method of posting golf cart community signs will serve our community best. F.S. 316.212(1) states "upon a determination that golf carts may be safely operated on a designated street, the responsible governmental entity shall post 'appropriate signs' to indicate that such operation is allowed" and this posting method satisfies statutory requirements. Additionally, any sign design or configuration chosen for this purpose will conform to the State Uniform Traffic Control Law (SUTCL) as adopted by City Codes. F.S. 316.212(8)(a) permits municipalities to enact ordinances more restrictive than the Florida Statutes. If a municipality enacts ordinances more restrictive than the Florida statutes, like the City of Winter Springs has, then it has the duty to post appropriate signs or otherwise inform their residents and the city must make efforts to inform them of any heightened restrictions. Per the attorney, there is no case law or guidance as to what is considered "appropriate signs or otherwise inform the residents that such an ordinance exists." While it is not necessary to have both signage and literature to disseminate under the statute, the more notification the better, especially when it comes to enforcement of any restriction. The current code requirements also call for an initial safety inspection by code enforcement officers when the owner applies for a registration decal to determine the golf cart is safe for street operation, properly equipped, and properly insured. As the language reads, the second and subsequent years require an annual renewal fee to be paid, however, the need for additional safety inspections is vague. Our proposal is to change the language consistent with that in the attachment to permit the sworn affidavit which is signed by the owner and notarized at the initial inspection by an officer to serve for one year and then simply require the owner to submit the renewal fees and a sworn affidavit annually. This proposal will also serve to reduce staff time spent conducting these subsequent inspections since there will be a sworn affidavit on file. FISCAL IMPACT: Financial impacts hinge on the cost of the total number of signs made and the associated manpower costs. This proposal lowers costs considerably over the current requirements as far fewer signs will be needed. Signs are approximately $25.00 each, plus staff time to install. Public Hearings 501 PAGE 2 OF 3 - December 08, 2014 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item is scheduled for advertisement in the Orlando Sentinel on December 11, 2014 should it move to second reading. RECOMMENDATION: Police Department staff recommends approval of Ordinance 2014 -32 and a move to Second Reading, which proposes amendment of Section 12 -72 to change the signage posting and clarify inspection requirements therein. ATTACHMENTS: A- Ordinance 2014 -32 Public Hearings 501 PAGE 3 OF 3 - December 08, 2014 ORDINANCE NO. 2014 -32 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE SIGNAGE REQUIREMENTS RELATED TO THE OPERATION OF GOLF CARTS ON CITY ROADS; AMENDING THE REQUIREMENTS FOR THE REGISTRATION OF GOLF CARTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City currently permits the operation of golf carts on certain City roads in accordance with Chapter 12, Article I11, Division 3 of the City Code; and WHEREAS, Section 12 -72 (b) requires that the City provide signage on designated roadways where golf carts may be operated; and WHEREAS, upon recommendation of the City's Police Department, the City Commission desires to amend the signage requirement to mirror the applicable signage requirement set forth in the Florida Statutes; and WHEREAS, Section 12 -75 (a) provides that decals shall be issued annually, and are valid from July first of each year; and WHEREAS, the City Commision desires to clarify that decals are valid for one year after issuance; and WHEREAS, Section 12 -75 (c) requires that the City inspect golf carts prior to issuing an annual registration decal; and WHEREAS, upon further recommendation of the City's Police Department, the City Commission desires to streamline the process for renewal registration of golf carts by requiring golf cart owners to submit an affidavit to the City attesting that required golf cart equipment is installed and working properly in lieu of requiring multiple inspections by City staff, and City of Winter Springs Ordinance No. 2014 -32 Page 1 of 4 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Amendment to Chapter 12, Motor Vehicles and Traffic. The City of Winter Springs Code of Ordinances, Chapter 12, Motor Vehicles and Traffic, is hereby amended as follows (underlined type indicates additions and str-ikeetrt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 12. It is intended that the text in Chapter 12 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): ARTICLE III. REGULATIONS DIVISION 3. OPERATION OF GOLF CARTS Sec. 12 -72. - Use of golf carts on designated roadways. Golf carts meeting all requirements of this division may be operated as follows: (a) Golf carts may be operated on any public roadway within the city limits of the City of Winter Springs where the posted speed limit is thirty (30) miles per hour or less. The city shall provide appropriate signs to indicate that such operation is allowed. an designated roadways .ghee, golf ..at4s may be operated. (b) Golf carts shall not be operated on private property, unless authorized by the property owner, or on sidewalks, bicycle paths, swales, or trails. Golf carts shall not be operated on any roadway where the designated speed limit is greater than thirty (3 0) miles per hour, or on any state or county roadway, except to cross at designated intersections for the purpose of immediately reaching the next designated roadway. City of Winter Springs Ordinance No. 2014 -32 Page 2 of 4 Sec. 12 -75. - Inspection and registration of golf carts required. All golf carts operating on designated roadways in the City of Winter Springs shall be registered and inspected as follows: (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by the police chief or the police chief s designee. The owner shall pay an annual registration fee of ten dollars ($10.00), and shall be issued a registration decal which shall be affixed to the golf cart. Decals shall be issued annually, and are valid for one year after issuance f „r, july ' st of eae (b) Prior to issuance of a registration decal, golf cart owners shall be required to provide proof of ownership, (ii) proof of liability insurance, and (iii) a valid driver's license . (c) At the time a golf cart owner initially registers a particular golf cart, of the police department shall inspect the golf cart to ensure the required equipment is installed and working properly. In the event the golf cart fails inspection, each additional inspection shall be five dollars ($5.00). (d) At such time the owner of a golf cart seeks to renew the annual registration of the same golf cart previously registered by the City in the owner's name, the golf cart owner shall be required to execute and submit an affidavit of compliance attesting that the equipment required by Section 12 -74 of this Code is installed and working properly. The affidavit shall be required as a condition to the issuance of the annual registration decal. Such affidavit of compliance shall be on a form prescribed by the police chief or the police chief s designee. Notwithstanding the affidavit requirement set forth in this section, the police department may require an inspection of the golf cart before issuance of the decal to the extent deemed necessary to require compliance with Section 12 -74. (4e) Lost or stolen registration decals are the responsibility of the golf cart owner. A police report shall be filed in the event of a lost or stolen decal. The police chief or the police chiefs designee shall have the discretion to determine whether a replacement decal may be issued. If no existing registration information is available, the police chief may direct the golf cart owner to reapply and to repay any required fees prior to a replacement decal being issued. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2014 -32 Page 3 of 4 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO - LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2014 -32 Page 4 of 4