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HomeMy WebLinkAboutO-2011-3324 amend Ch70/permitting use of golf carts in La PorteREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3-14-11 Requested By: Kenith Adcox Department: P014ce Report: Resolution: Ordinance: X Exhibits: Ordinance — Amending Chapter 70 "Traffic & Vehicles" of the Code of Ordinances, Adding New Article IX "Regulation of Golf Carts" Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On January 24, 2011, the Police Department received direction from City Council to draft an ordinance that, if subsequently approved by Council, would allow for the use of golf carts within the City of La Porte, under certain conditions. It was recommended that a committee be formed, consisting of both citizens and staff members, to make recommendations to City Council relating to the regulation of golf carts within the City of La Porte. Per Council direction, a committee was formed and a draft Ordinance was prepared. The draft was reviewed during City Council meeting workshop session on February 28, 2011. Council provided staff with recommended changes to Section 70-307, Exceptions, which have been incorporated into the Ordinance. The ordinance is now being sent to City Council for action and approval. Action Required by Council: Approve Ordinance amending Chapter 70, "Traffic and Vehicles", of the Code of Ordinances, Article IX "Regulation of Golf Carts". Ron Bottoms, City Manager c� /-7 o Date rn ORDINANCE 332 AN ORDINANCE AMENDING THE CODE OF THE CITY OF LA PORTE, CHAPTER 70 "TRAFFIC AND VEHICLES" BY ADDING A NEW ARTICLE IX, "REGULATION OF GOLF CARTS," REGULATING THE USE OF GOLF CARTS ON PUBLIC STREETS OR HIGHWAYS WITHIN THE CITY LIMITS; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Transportation Code, Section 551.404 specifically provides that a municipality may, under certain conditions, allow for the operation of a golf cart on a street or highway; within its jurisdiction; and WHEREAS, the City Council has determined that, in allowing for the use of a golf cart on a street or highway, it is necessary to regulate the operation of golf carts in the interest of public safety, while in the corporate limits of LaPorte, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1. FINDINGS OF FACT. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. SECTION 2. AMENDMENT TO THE CODE. The La Porte City Code, Chapter 70 "Traffic and Vehicles", is hereby amended by adding a new Article IX "Regulation of Golf Carts" as follows: "ARTICLE IX. REGULATION OF GOLF CARTS Section 70-303. Definitions. The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. r Ord. No. Page 2 "Golf Cart" as referenced hereafter, shall have the meaning assigned by the V.T.C.A., Transportation Code § 502.001(7), as it exists or may be amended, and includes a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course. The term, as used herein, shall include a specific restriction that a permitted golf cart shall have an attainable top speed of not greater than 25 mph. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATV's, NEV's, four -wheelers, mules and gators. "Golf Cart Registration Permit" shall mean a privilege granted upon compliance with terms of this article to legally operate a golf cart upon a public highway, or parking area within the corporate boundaries of the City of La Porte for the term that the permit was issued. "Operator" shall mean the person operating and having physical control over the golf cart. An operator must carry a valid Texas Drivers' License. "Golf Cart Registration Permit Decal" shall mean a certificate for attachment to a golf cart identifying the golf cart as permitted by the city and giving an expiration date. "Owner" shall have the meaning assigned by the Texas Transportation Code, § 502.001, and shall mean the person who has legal title to the golf cart, has the legal right of possession of the golf cart, or has the legal right of control of it. "Public Highway" shall have the meaning assigned by the Transportation Code § 502.001(18), as it exists or may be amended, and includes a road, street, way, thoroughfare, or bridge: a. that is in the state; b. that is for the use of vehicles; c. that is not privately owned or controlled; and d. over which the state has legislative jurisdiction under its police power. Section 70-304. Operation of Golf Carts Permitted. Pursuant to the Texas Transportation Code, Section 551.404, operators are permitted to operate a golf cart on public highways within the corporate limits of the City of La Porte providing that the public highway has a posted speed limit of not more than 35 miles per hour and all other requirements contained within this Article are met. Section 70-305. Required Equipment Regulations. a. Every golf cart operated within the City of La Porte shall be equipped with the following equipment which shall be operational at all times: 1. headlights; 2. tail lamps; 3. reflectors; 4. parking brakes; Ord. No. 3 Page 3 5. rearview mirror(s); 6. a slow moving vehicle emblem clearly visible in daylight or at night from the light of standard automobile headlamps at a distance of at least 500 feet as provided for in §547.703 of the Transportation Code.. b. Every golf cart powered by a gasoline engine shall at all times be equipped with an exhaust system in good working order and shall comply with all state, federal and city regulations, including but not limited to Section 34-94 et. seq. ("Noise") of this code. c. Golf carts which have been altered to allow them to travel at speeds greater than 25 mph are prohibited on any public highway in the City of La Porte. Section 70-306. Operation Regulations. a. All operators of golf carts shall be licensed to operate a motor vehicle as provided by the Texas Transportation Code and shall carry a valid Texas Drivers' License and proof of insurance for the golf cart, while operating the golf cart. b. All operators of golf carts shall abide by all traffic regulations applicable to vehicular traffic when using any public highway in the City of La Porte. c. Golf carts shall not be operated on public sidewalks at any time. d. Golf carts shall not be operated on a public bike trail, unless the section of bike trail is directly adjacent, and runs parallel, to a public highway with a posted speed limit that exceeds 35 miles per hour. When operating on a bike trail, golf carts must yield the right-of-way to bikes and pedestrians. e. A golf cart may not cross a street or highway with a posted speed limit of more than 35 mph, unless the crossing occurs at an intersection. f. All golf carts are entitled to the full use of a lane on the public highway and no motor vehicle shall be operated in such a manner as to deprive any golf cart of the full use of a lane. g. The operator of a golf cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. h. No operator shall operate a golf cart between lanes of traffic or between adjacent lines of rows of vehicles. i. Golf carts shall move to the right and yield the right of way to faster moving vehicles. Ord. No.� ) Page 4 j. No person may ride in the lap of the driver or any other occupant of a golf cart. k. The maximum seating of a golf cart shall be limited to the seating capacity as designated by the manufacturer; and all occupants operating or riding in/on a golf cart must occupy a designated seat and remain seated at all times while the golf car is in motion. 1. Children under the age of ten years must be properly restrained by a seat belt. Seat belts must meet American National Safety Institute (ANSI) standards; and in. Golf carts may not pull or tow any person, vehicle or equipment. Section 70-307. Exceptions. The following golf carts are exempt from regulation by this code: a. Golf carts owned and/or operated by the City of La Porte or any other governmental entity. b. Golf carts operated in support of a City sponsored or permitted special event. c. Golf carts used while evacuating persons during a declared emergency and for 72 hours after the emergency unless otherwise ordered by the City. Section 70-308. Registration Permit. Before any golf cart may be operated on the streets and highways of the City of La Porte, it must be registered with and provided a permit by the City of La Porte Police Department. Registration must be up -dated annually and the fee for registration shall be $35, which covers administrative and inspection costs. The city registration permit process includes the following: a. The applicant shall complete the city -supplied registration permit application which shall contain the: 1. Name and physical and mailing address of the applicant owner. 2. Location where the vehicle is regularly stored overnight. 3. Model, make and golf cart ID number. 4. Current Driver's License information of owner. 5. A statement that the applicant has been furnished a copy of this ordinance and that he or she agrees to comply with all conditions contained in this ordinance and to any local, state or federal laws governing the use of golf carts. 6. A statement that the registration permit holder and any user shall indemnify and hold harmless the City of La Porte, Texas for any and all civil liability associated with said registration and that the permit holder and user waive any and all rights to sue or allow subrogation by insurance company. 7. Any other information that the city may reasonably require. Ord. No. Page 5 b. The registration permit application shall be: 1. Accompanied by the annual permit fee of $35.00. 2. Accompanied by proof of financial responsibility consistent with the minimum requirements of the Texas Transportation Code for the operation of motor vehicles. A copy of the certificate of insurance shall be attached to the application. 3. Accompanied by a copy of the applicant's Texas Driver's license. 4. Signed by the applicant/owner. Upon receipt of the completed application and permit fee, a member of the police department shall make arrangements to inspect the golf cart for adherence to this ordinance. d. When the inspector has approved the vehicle, the annual permit decal shall be issued to the owner. The decal shall be immediately affixed to the front panel of the driver's side of the golf cart so as to be clearly visible. e. The registration permit shall be effective for one year from the date of issuance or until such time as revoked for non-compliance or when the golf cart is transferred to a new owner. Section 70-309. Revocation of the Registration Permit. The registration permit may be revoked if: a. The owner or operator of the golf cart fails to abide by the rules and regulations of this ordinance, including failure to maintain liability insurance. b. The owner or driver of the golf cart fails to abide by the traffic laws of the State or the City of La Porte and/or operates the golf cart in an unauthorized area, or uses a wireless communication device in a school zone during restricted school hours, in violation of State Law. Section 70-310 Registration Permit Is Not Transferrable. The city registration permit is not transferable. Upon transfer of ownership to another person who intends to operate the golf cart in La Porte, the new owner must register the golf cart in his/her name and pay the required permit fee as outlined in this ordinance. Section 70-311. Penalty This Ordinance is hereby incorporated into and made a part of the La Porte City Code. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not more than Two Hundred Dollars ($200.00) per offense. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this section." X Ord. No. o� Page 6 Section 4. Open Meetings The City Council officially finds, determines, recites, and declares that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meeting Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times ruling which this ordinance the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, anct the City of La Porte Charter. PASSED AND APPROVED on the first reading on the day A� 2011. By: A4V Louis R. igby Mayor A EST: Patrice Fogarty City Secretary APPROVED: Cl T. Askins Assistant City Attorney