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HomeMy WebLinkAboutOrdinance 2014-32 Golf Cart Operation 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 III, 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 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): *** 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. (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 (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. 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 chiefs 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 from July 1st of each year. (b) Prior to issuance of a registration decal, golf cart owners shall be required to provide(proof of ownership,and (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 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 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 chiefs 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. (de) 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 12 day of January , 2015' CH• RLES LACEY, ATTEST( f ... ARIA 1'.ORiENZO-LUACES _ City Clerk- • APP ! 3 AS TO LEGAL FORM AND SUFFICIENCY Alk TY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: December 8, 2014 Legal Ad Published: December 11, 2014 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2014-32 Page 4 of 4