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HomeMy WebLinkAbout2009 07 27 Public Hearings 502 Ordinance 2009-11 Operation of Golf Carts on City RoadwaysCOMMISSION AGENDA ITEM 502 July 27, 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 Second 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 Second 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. Commission Action: At the Commission meeting on July 13, 2009, conducted a public hearing, and voted 5-0 to recommend the modified ordinance 2009-1 lto second reading for approval. RECOMMENDATION: The staff recommends that the City Commission hold a Public Hearing and approve the second 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, (C) Legal Notice COMMISSION ACTION: ATTACHMENT A ORDL\A\CE \0.2009-11 ~~ ORDL\A\CE OF THE CITY C'O~L'~IISSIO\ OF THE CITY OF «~TER SPRLIGS, FLORIDA, A:'4IE`~I\G ARTICLE III OF CHAPTER 12 OF THE CODE OF ORDL'~A\CES RELATED TO MOTOR «HICLES A\~ TRAFFIC REGL"L.ATIO~ S; CREATL\ G A 1-E«' DI~ZSIO\ 3 RELATED TO THE OPERATION OF GOLF CARTS; AUTHORIZL~TG THE OPERATIO\ OF GOLF CARTS O DESIGNATED CITY ROAD~~'AYS; PRO~'IDI\G DEFINITIO!~S ADD RESTRICTIO`S; REQi'IRI\G CERTAL~ EQLTP~IIE\T; PRO~'IDLIGFORREGISTRATIO\, INSPECTION ADD IISURA\CE REQI:IRE~IE\TS; PRO~~L\ G FOR E~'FORCEIIE\-T•; PROVIDING FOR THE REPEAL OF PRIOR I~CO\SISTE\T ORDL~A~CES A\'D RESOLL'TIO~S; LICORPORATIOV L\~'O THE CODE; SE~'ERABILITY; An-D Ati EFFECTI« DATE. «'IIEREAS, the City is granted the authority, tuida• ~ '(b), Art. VIII of the State Corrstittrtirnr. to exercise any po~t•er frn• m~uucipal proposes, except «-hen expressly prohibited by la~ti-: and R~REAS, the City Conuuission of the City of ~Viuter Sprurgs, Florida. recognizes that the use of golf eazts in certain areas can be a safe, ecouonucal form of transportations ~r-lich can redtue na~c congestion and :asolirse constussptiors: and R~REAS, section 316.? 1?, Florida Statutes, authorizes local go~•enuuents to allon• golf carts to open•ate on local roadn-ays if the local go~-en•ruuent has deternsirsed that stub operation is safe and has posted signs: and «'IIDREAS, tlse City of ~'Vinta Springs Police Deparhssent has conducted a study to detenuuse sti hether• golf carts Wray safely tras•el on local roadscays, and has identified the local road«•ays upon ~s•luch golf carts can be operated safely, taking into consideration the speed, s-oltuue and character of motor ~•eliele traffic on said roadts-ays: arsd WHEREAS, the City Corssmissiors of the City of ~Viuter• Springs. Florida fords that the operation of golf carts on local roads should be luuited to persons possessing a s•alid dris•er•'s license: and «TIEREAS, the City Commission of the City of ~Vuster• Springs. Florida, hereby finds this ordusarsee to be us the best uiter•ests of the public health. safety, usd ~~•elfare of the citizens of Winter Cfi• of Winttr Sprurgs Ordinance Rio. ?009-11 Page 1 of 6 Springs. \O~`', THEREFORE, THE CITY CO~IIIISSIO~' OF THE CITY OF «~7\TER SPRL\GS HEREBY ORDAT.`S, AS FOLLO~`'S: Section 1. Recitals. The foregoing recitals at•e heteby fully utcoiporated herein by refc~•enee as legislative findutgs of the City C'onuiussiott of ~Vutter Sptittgs. Section 2. Code Amendment. The City of ~'~'inter Springs Code. Chapter 12. Motor Vehicles and Traffic, is hereby aruended as follot~~s tuiderlined type uidicates additions and type indicates deletions, while asterisks (~` **) indicate a deletion fiom the Ordinance of text existing in Chaptet• 12. It is intended that the text ut Chapter 1? denoted by the asterisks and set forth in this Ordinance shall remain tutchanged fiont the language existing prior to adoption of this ordu~ice): CHAPTER 12.1iOTOR VEHICLES A\'D TRAFFIC *xrt ARTICLE III. REGL'LATIO~S ~*x DI~'ISIOti 3.OPERATIO\ OF GOLF CARTS Sec. 12-71. Definitions. For ptttposes of this division. the following trords and pleases shall have the follott•ing ascribed meatunQ: ~ Golfcmy means a motor vehicle that is designed and ntutufachued for operation on a golf cotuse for sporting or recreational ptugoses. 1~2 Desigrtate~l road~rms means those roads identified by the City as being safe for operation of golf carts in accordance with all regturemc~tts for operation set forth in this division. ~ D~•r~•er's lieer~se means a valid license issued to operate a motor veltiele issued by the State of Florida or any other state. IusPectiori shall mean a safety evaluation of each registetedgolf cart by the Winter Springs Police Department confirntitt~ that the golf cart meets the tnininttun regturetnettts City of Winter Springs Ordutance No. ?009-11 Pace 2 of 6 of this division. Sec. 12-72. Llse o~golf carts on designated roadvsa~•s. Golf carts nleetln~ all reglliT'e11]ei1t5 Of tlus dlyrSlotl lllaV be operated as follows: ~ Golf caps maybe operated on ally vublic roadla-ay within the city limits of the City of Winter Slings ~vherY theposted speed limit is 301ililes per hour or less The City shall provide signa~e on designated roadwa~•s ~t-here golf caps may be operated. jib Golf carts shall not be operated on private progelty, lulless authorized by the prapclty owner. or on sidewalls, bicycle paths, s«•ales, or trails. Golf carts shall not be operated on any roadtivav wllere the designated stied limit is greater than 30 miles per hour. or on any state or county road«~ay, execLt to cross at desigr>r~ted illtel^scetions for the vllroose of inunediately reachulg the next designated roadway. Sec. 12-73. Restrictions. Golf caps operating on designatcd road~~°avs shall be subiect to the following restrictions: !~ Hour s of overation. Golf caps maybe operated on designated roadways olil di~uing the hn„rs between stuuise a_nd stuiset The City Conlnlission 11 ~ by 1•esollttion. ten}124rarily authorize the operation of golf carts on desig~lated road«-ays behveen sunset and sluuise as long as the golf caps operatu~ during this tuale ale equipped ~t-ith headlights. brake lights. nlni signals. and a «-indshield. LrcenSerl CIT7l'P.r'. Golf Ca1t5 operatlllg on designated roadways must be operated Uv a person ~vho is at least 16 years of age. and tvho~ossesses a valid driver's license. Persons cr-ho possess a valid leaniel•'s permit lrla~pelate a golf cart on designated road~vasY then aecomualued by a licensed driver of at least 18 years of age. ,(cZ '4inxi»rrrrar seed. Golf caps ogeratu~g on designated road«•ays shall not exceed 20 rules per hour. Conpliar-ce. tt•itl~ tr•a~e laws. Golf carts shall be operated ili accordance 1r-ith all applicable local and state traffic re, latiolls. Golf caps shall stay to the far right of any designated road~r-av and shall Meld the right of way to overtaking drivels. Golf caps shall not obstliut or irllpedc normal traffic flow. ~ Occrr~arrrs The nrunber• of occupants ul a golf cart operated on deli, sated road~z•avs shall be lirluted to the number of seats on the golf calf. No occupants of a golf cart shall City- of Winter Springs Orttinance Vo. '_409-11 Page 3 of b stand at any time tivhile the golf cart is in motion. ~ a7coh~l. All state regulations govrnxing the use and possession of alcoholic beverases while operatins a motor vehicle shall apply to the operation of eolf carts on designated road~vavs. Sec. 12-74. Required equipment. All eolf carts operated on desi~iated road~vavs shall maintain the follotivui~ eatxipxurnt in ood ~vorkixia order: ~ Efficirnt brakes: lj„i Reliable steering apparatus: ~} Safe tires: Reatti-ie~~- nuxrors: ~ Red refleetoxized n-arning_dcvices, both in the front and the rear: j#~ ea 'o ts• jg~, Brake lights: Hom. Sec. 12-75. Inspection and registration of golf carts required. All golf carts operating on desi~natcd roadtivavs in the City of t?Viuter Spxin~s shall be registered and inspected as follows: ~a „ Golf carts shall be registered by the o~~ner of tlxe ,golf cart on a forxt; px•escribed by the police chief or the police chief s desiauee. The o«7~er shall uav an annual registration fee of S 10.00. and shall be issued a re; stration decal ~vluch shall be affixed to the eolf cart. Decals shall be issued axuiually, and are valid from July 1' of each ~b,Z Prior to issuance of a registration decal golf cart owners shall be required to provide proof of o~vnerslup and liability insurance a valid driver's license and sign an affidavit of coui~iance. Git<~ of winter Springs Ckdinance Vo_ ?449-11 Page 4 0€ 6 ~ At the time of registration, the Police Depantnuent shall inspect the golf cart to eustu•e the required equirnnent is installed and tivorkurg,properly. Irr the evenrt the golf cart fails }~pectionr, each additional inspection shall be $5.00. j1 Lost or stolen regisriation decals are the resgornsibility of the golf cart octner. A golice report shall be filed in the event of a lost or stolen decal. I1ie~olice chief or the police chief s designee shall have the discretion to determine whether a rgplacemenrt decal maw issued. If no existing regishation infrnznationr is available. the police chief nrav direct the golf cart o«°nrer to reapply and to ne~v an~quued fees prior to a replacement decal beine issued. Sec. 12-76. Insurance reauired. All. golf cart o~~zrers are recLiired to purchase and maintain liabilitYinsiuannce innsruine aeainst personaluijiu•~ and property damage. Minimum required insuuancc 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 tune of golf cart registration. and must be possessed at all tunes by the golf cart ogerator cvhilc openatinkg the golf ea:t on designated roadtvavs. See. 12-77. Enforcement. A violation of this divisirnr shall constitute anon-crininal 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. L'rifonm Traffic Citations shall onrly be used for violations that are also violations of the Florida Uniform Traffic Control Lau•. Sectian 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inrconnsistent ordinances and resolutions adopted bythe CityConuiissionn, orparts ofprzor ordinanrces annd resolutions ur conflict heren•idi, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incrnporated uito the Fdurter Springs City Code and any section or paragraph, number or letter, and any headuig maybe changed or modified as necessary to effeenrate the foregourg. Crranumatical, typograplicaL and like eron~s maybe eonreeted and additions. alterations, and omissions, not affecting the eonstnution or meaning of this Ordinance and the City Code maybe freely made. Section g. Severabilih-. If array section, subsection. sentence, clause. phuase, word or provision of this or-durauce is far any reason held uivalid or turconrstitlrtiorral by any count of competent jurisdiction, whether for substantive. procedtual, 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. Cin-oftiGinter Springs Ordinance Ito. ?049-11 Page ~ of 6 Section 6. Effective Date. Tlus Ordinance shall become effective inunediately upon adoption by the City Comuussion of the City of Winter Springs. Florida, and prn•suant to the City Cl~ter. ADOPTED by the City Coimiussiou of the City of t'Vinter Springs, FlorYda, in a regular meetuig assembled on the day of , ?009. .TOIi\ F. BUSH, l~a~-or ATTEST: A\-DREA LORENZO-LL'ACES, Ciri• Clerk APPRO~~ED AS TO LEGAL FORM A'.VD SL"FFICIE\CY FOR THE CITY OF ~FL'~TTER SPRIl~GS O~Z,Y. A\THO'.~1' A. GARG~\ESE. C~ri• Attorne~~ First Rtadiu=: Second Readuig: Effective Date: City of ~4'inter Springs Ordinance No. ?009-11 Page 6 of b 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. c. 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. 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: ^ $10.00 Initial Registration Fee/Annual Renewal ^ Affidavit of compliance executed ^ Copy of insurance information attached ^ Permit provided, number of Permit: ^ Copy of driver's license numbers for all operators attached ^ Safety equipment inspection completed Staff Signature and ID Number b~ _ gyp. ;~ o, e~-~ ~($~r t - - -.- - °a° , sus aE~&Ya ~~~ ~e '~ s __ ~~~~a U ."-~~ :L-~ sft~~~ ~.~g~ ~ 'b'~eaS~G~3'~S x~ 'b~~s `~ .. ~ ~,--~ U ~,~a ~ ~'~~ ~' ,e~~~ po~~'~--pail ~ ~~pE°S 1°~L ~YY . <~t ~ W Y p.Wu ~e~ f~ P r ~ ~ ~~ ~~" K >N ~il`uf ern a ~i3' ~g b'~~ _ _ i 9 88 =4L ~~ ~~~g t~~ ~~ ~a ~ a^ 'a: ~ ~'~ ~~ ~ ~R~ weLLW zx"°~~0 '' ~ ~ i ~ N ~. .' -. ~ .. .~.. - °=~ ~ ~ ~ ` ~o~~rb ~~ ~$° ~ Oq Sax ~~ 8 ~ . i . ~ ~~?i"`°., ' 1f' ~'d a S•~c~ ~ a~ p° o ~~b ~ u ~~ t W r 1 Q ;< is tC, ~~ N e a. ~; R, ~~~ ~~~~ ~ ~~ f ~,~ tai 8` .mss ~~ 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 ofgolfcarts 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 City of Winter Springs Ordinance No. 2009 -11 Page 1 of 6 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: fa) Golf cart means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes. 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. 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 City of Winter Springs Ordinance No. 2009-11 Page 2 of 6 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: fa) 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. Lb,) Golf carts shall not be operated on privateproperty, 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: Hours of operation. Golf carts may be 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. all 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. Maximum speed. Golf carts operating on designated roadways shall not exceed 20 miles per hour. Compliance with traffic 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. fej 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 City of Winter Springs Ordinance No. 2009 -11 Page 3 of 6 stand at any time while the golf cart is in motion. Lf 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: (al Efficient brakes; 021 Reliable steering apparatus; (c) Safe tires; Rearview mirrors; Red reflectorized warning devices, both in the front and the rear; �f Headlights; Brake lights 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: Cal 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. PA 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. City of Winter Springs Ordinance No. 2009 -11 Page 4 of 6 (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. City of Winter Springs Ordinance No. 2009 -11 Page 5 of 6 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 Flori in a regular meeting assembled on the i?'day of July, 2009. JO/CF. BUSH, Mayor AT ST: 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. City of Winter Springs Ordinance No. 2009 -11 Page 6 of 6