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HomeMy WebLinkAbout2009 05 26 Regular 603 Golf Carts on Public RoadwaysCOMMISSION AGENDA Special Meeting ITEM 603 Map 26, 2009 Meeting CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X MGR /DEPT uthorization REQUEST: Police Department requesting the City Commission to review and provide direction for the use of golf carts on public roadways in the City of Winter Springs. PURPOSE: This agenda item is needed to provide information to the Commission regazding the use of golf carts on public city roadways (golf cart safe communities) and current enforcement standazds as required per F.S.S 316.212 within the State of Florida. CONSIDERATIONS: The Police Department is providing information to the City Commission regazding the current use of golf carts on public roadways from a recent inquiry from Mrs. Sue Sumter regazding her 14 yeaz old son using a golf cazt on city roadways. The growing trend of golf cart communities in the United States over the past couple of yeazs 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 aze being designed for golf carts to be used for shopping, movies, and general local use. The Villages aze a recent example of this type of community. Cities like North Port, Shalimaz, Palmetto Bay, Sazasota County, and St. Johns County aze enacting ordinances for golf cart use in pre-existing areas as well as new design standazds for subdivisions. The Sumter County Sheriff's Office reported they have had only 14 traffic accidents involving golf carts over the last 3 yeazs 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. This practice has been allowed for over 20 years and we have not 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 raised the legal age limit of a golf cart operator to 17 years of age or older and 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. We are submitting 3 options for your consideration and they are listed below; Option 1-Enforce Florida State Statute 316.212 as written. Option 2 - Prepare an Ordinance of the City allowing for the operation of, safety equipment requirements for, licenses and permits required for golf cart operations. Option 3 - Prepare an Ordinance of the City allowing for the operation of golf carts on city roadways following Florida State Statute 316.212 as written. RECOMMENDATION: The City Commission is being requested to provide direction on the use of golf carts on city roadways from the options listed above. Staff recommends option 2. FUNDING: None IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: (A) -Florida State Statutes 316.212, (B) - 320.01(22), (C) -320.105 COMMISSION ACTION: ATTACHMENT A F.S.S. 316.212 Operation of golf carts on certain roadways.--The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart maybe operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts maybe safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart maybe operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart maybe operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of--way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts maybe operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Any other provision of this section to the contrary notwithstanding, agolf cart maybe operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) A golf cart maybe operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart maybe operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7) A local governmental entity may enact an ordinance regarding golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of any such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it shall be enforced within the local government's jurisdictional ,.. territory. An ordinance referred to in this section must apply only to an unlicensed driver. (8) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsection (1), subsection (2), subsection (3), subsection (4), or a local ordinance corresponding thereto and enacted pursuant to subsection (7), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (5), subsection (6), or a local ordinance corresponding thereto and enacted pursuant to subsection (7). History.--s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s. 6, ch. 2005-164. ATTACHMENT B F.S.S. 320.01 Definitions, (22) "Golf cart" means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. ATTACHMENT C F.S.S. 320.105 Golf carts and utility vehicles; exemption.--Golf carts and utility vehicles, as defined in s. 320.01, when operated in accordance with s. 316.212 or s. 316.2126, aze exempt from provisions of this chapter which require the registration of vehicles or the display of license plates.