HomeMy WebLinkAboutOrdinance 2009-11 Operation of Golf Carts ORDINANCE NO. 2009-11
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
ARTICLE III OF CHAPTER 12 OF THE CODE OF
ORDINANCES RELATED TO MOTOR VEHICLES AND
TRAFFIC REGULATIONS; CREATING A NEW DIVISION 3
RELATED TO THE OPERATION OF GOLF CARTS;
AUTHORIZING THE OPERATION OF GOLF CARTS ON
DESIGNATED CITY ROADWAYS; PROVIDING
DEFINITIONS AND RESTRICTIONS; REQUIRING
CERTAIN EQUIPMENT; PROVIDING FOR REGISTRATION,
INSPECTION AND INSURANCE REQUIREMENTS;
PROVIDING FOR ENFORCEMENT; 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 Commission of the City of Winter Springs, Florida, recognizes that
the use of golf carts in certain areas can be a safe, economical form of transportation which can
reduce traffic congestion and gasoline consumption; and
WHEREAS, section 316.212, Florida Statutes, authorizes local governments to allow golf
carts to operate on local roadways if the local government has determined that such operation is safe
and has posted signs; and
WHEREAS, the City of Winter Springs Police Department has conducted a study to
determine whether golf carts may safely travel on local roadways, and has identified the local
roadways upon which golf carts can be operated safely, taking into consideration the speed, volume
and character of motor vehicle traffic on said roadways; and
WHEREAS, the City Commission of the City of Winter Springs, Florida finds that the
operation of golf carts on local roads should be limited to persons possessing a valid driver's license;
and
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
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Ordinance No. 2009 -11
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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. Code Amendment. The City of Winter Springs Code, Chapter 12, Motor
Vehicles and Traffic, is hereby amended as follows (underlined type indicates additions and strikeout
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):
CHAPTER 12. MOTOR VEHICLES AND TRAFFIC
ARTICLE III. REGULATIONS
DIVISION 3. OPERATION OF GOLF CARTS
Sec. 12 -71. Definitions.
For purposes of this division, the following words and phrases shall have the following
ascribed meaning:
fat Golf cart means a motor vehicle that is designed and manufactured for operation on
a golf course for sporting or recreational purposes.
(b) Designated roadways means those roads identified by the City as being safe for
operation of golf carts in accordance with all requirements for operation set forth in this
division.
(c) Driver's license means a valid license issued to operate a motor vehicle issued by the
State of Florida or any other state.
(d) Inspection shall mean a safety evaluation of each registered golf cart by the Winter
Springs Police Department confirming that the golf cart meets the minimum requirements
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Ordinance No. 2009-11
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of this division.
Sec. 12 -72. Use of golf carts on designated roadways.
Golf carts meeting all requirements of this division may be operated as follows:
cal 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 30 miles per hour or less. The City shall
provide signage on designated roadways where golf carts may be operated.
1b) 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 30 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.
Sec. 12 -73. Restrictions.
Golf carts operating on designated roadways shall be subject to the following restrictions:
La) Hours of operation. Golf carts maybe operated on designated roadways only during
the hours between sunrise and sunset. The City Commission may, by resolution, temporarily
authorize the operation of golf carts on designated roadways between sunset and sunrise as
long as the golf carts operating during this time are equipped with headlights, brake lights,
turn signals, and a windshield.
Lb) Licensed driver. Golf carts operating on designated roadways must be operated by
a person who is at least 16 years of age, and who possesses a valid driver's license. Persons
who possess a valid learner's permit may operate a golf cart on designated roadways when
accompanied by a licensed driver of at least 18 years of age.
(c) Maximum speed. Golf carts operating on designated roadways shall not exceed 20
miles per hour.
Compliance with tragic laws. Golf carts shall be operated in accordance with all
applicable local and state traffic regulations. Golf carts shall stay to the far right of any
designated roadway, and shall yield the right of way to overtaking drivers. Golf carts shall
not obstruct or impede normal traffic flow.
Le) Occupants. The number of occupants in a golf cart operated on designated roadways
shall be limited to the number of seats on the golf cart. No occupants of a golf cart shall
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Ordinance No. 2009 -11
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stand at any time while the golf cart is in motion.
CO Alcohol. All state regulations governing the use and possession of alcoholic
beverages while operating a motor vehicle shall apply to the operation of golf carts on
designated roadways.
Sec. 12 -74. Required equipment.
All golf carts operated on designated roadways shall maintain the following equipment in
good working order:
(A Efficient brakes;
(b) Reliable steering apparatus
(c) Safe tires;
Rearview mirrors
f e1 Red reflectorized warning devices, both in the front and the rear;
f Headlights:
Brake lights:
(h) Horn.
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 $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 from July 1S` of each year.
(b) Prior to issuance of a registration decal, golf cart owners shall be required to provide
proof of ownership and liability insurance, a valid driver's license and sign an affidavit of
compliance.
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(c) At the time of registration, 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 $5.00.
(d) 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
chief's 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.
Sec. 12 -76. Insurance required.
All golf cart owners are required to purchase and maintain liability insurance insuring against
personal injury and property damage. Minimum required insurance shall be the same as for motor
vehicles registered in the State of Florida for personal use and as designated by Florida Statutes.
Proof of insurance must be presented at time of golf cart registration, and must be possessed at all
times by the golf cart operator while operating the golf cart on designated roadways.
Sec. 12 -77. Enforcement.
A violation of this division shall constitute a non criminal infraction enforceable either as
a code violation to be prosecuted by the Code Enforcement Board, or shall be classified as a Class
I Civil Citation Violation. Uniform Traffic Citations shall only be used for violations that are also
violations of the Florida Uniform Traffic Control Law.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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.
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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 o?7'day of July, 2009.
AD
JO F. BUSH, Mayor
AT ST:
k LORENZO LUACES, City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINTE RINGS ONLY.
ANTHONY A. GARGANESE, City Attorney
First Reading: July 13, 2009
Second Reading: July 27, 2009
Effective Date: See Section 6.
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