Fort Walton Beach Ordinance — 1948--Golf Cart Ordinance — reading text

READING, lsc d%( o t ORDINANCE 1948 2nd j' i%( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 11, TRAFFIC & VEHICLES, I OF THE CODE OF ORDINANCES TO INCLUDE NEW REGULATIONS ADDRESSING GOLF CART / LOW SPEED VEHICLE USE ON CITY ROADWAYS; PROVIDING DEFINITIONS; CREATING STANDARDS FOR OPERATION; CREATING OTHER MISCELLANEOUS PROVISIONS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is pursuant to the powers vested in the City by Section 166. 021 ( 1) of the Florida Statutes, and the City Charter. Section 316. 212 of the Florida Statutes provides that a golf cart may be operated only upon a municipal street that has been designated by a municipality. Section 316. 2122 of the Florida Statutes allows for the operation of low- speed vehicles upon any road that is authorized. Section 2. Amendment of Chapter 11, Traffic & Vehicles 11. 13 GOLF CART USE ON CITY ROADWAYS 11. 13. 01 DEFINITION Golf Car Pursuant to F. S. 320. 01( 22), and for the purposes of this section, a " olf cart" is defined as a motor vehicle that is designed and manufactured for operation on a olf course for sportin or recreational purnoses and that is not capable of exceeding speeds of twentv ( 20) miles per hour. Low- sneed velzicle. Pursuant to F. S. 320. 01( 41), and for the purposed of this section a low-speed vehicle ( LSV) means anv four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, includin, but not limited to, nei borhood electric vehicles. Low- sneed vehicles must comply with the safet,y standards in 49 C. F. R. s. 571. 500 and s. 316. 2122. 11. 13. 02 AUTHORIZATION TO OPERATE ON CITY STREETS Authorization to onerate olf carts witlzin the Citv and on svecired roadwavs. Golf carts meetin the definition set forth in Section 11. 13. 01 ma perated on citv roadwa s within the defined bouridaries shown on the attached Golf Cart Map. The Citv of Fort Walton Beach is hereb nated as a " olf cart communitv". Citv Council mav revoke a portion of the desi ated golf cart communitv if Council determines that the operation of golf carts within any i area or roadwav would constitute or has become a dan er or detriment to the health, safety, welfare, or character of the community or the surroundin area or Citv Council otherwise i determines that it cannot or will not be able to determine that such communitv or roadway continues to meet statutory requirements. Desi,2nated roadwavs for operation of olf carts/LSVs. Operation of olf carts is authorized only within the Downtown Business & Entertainment District, the Elliott Point Nei hborhood, the Ferry Park Nei hborhood, and the Kenwood Neighborhood on citv roadwa with a speed limit of 25 miles per hour or less as shown on the Golf Cart Man. LSV operation within the City shall complv with the reQuirements of the Florida Statutes latest edition. 11. 13. 03 HOURS OF OPERATION Golf carts meeting the minimum equipment standards established in Section 316.212 ( 5) 6), F. S. for operation between sunset and sunrise, mav be operated at any time. Golf carts that do not meet the minimum equipment standards for operation between sunset and sunrise shall onl permitted to operate durin the hours between sunrise and sunset. 11. 13. 04 EQUIPMENT MINIMAL STANDARDS All olf carts/ LSVs operated within the citv or on a proved roadwavs shall meet the minimum eQuipment standards established bv Florida Statutes. In accordance with Florida Statutes, golf carts/ LSVs that are operated between the hours of sunset and sunrise shall have additional equipment requirements as stated in Section 316. 212 ( 5) & ( 6), F. S. for golf carts and Section 316. 2122 ( 2), F. S. for LSVs. At a minimum, golf carts and LSVs must have headli ts, brake li hts, turn signals, a windshield, rearview mirrors, and reflective devices on the front and back of the vehicle. Golf carts and LSVs are also reQuired to have seat belts. 11. 13. 05 UNLICENSED DRIVERS It shall be unlawful for an unlicensed driver, defined as a driver who does not hold and possess a valid state- issued driver license, to operate a golf cart/ LSV upon citv streets. 11. 13. 06 COMPLIANCE WITH TRAFFIC LAWS Golf carts/ LSVs shall comply with all applicable local and state traffic laws, and mav be ticketed for traffic violations in the same manner as motor vehicles. 11. 13. 07 REGULATIONS Golf carts/ LSVs shall be subject to the following restrictions at all times: 1) Unless otherwise expressly authorized pursuant to general law or the enabling ordinance, no golf cart shall be operated upon a road with a posted speed limit in excess of twenty- five (25) miles per hour. LSVs mav be operated upon roads with a posted speed limit of up to thirt - 35) miles per hour. 2) A golf cart mav not cross any state hi way. Golf carts mav onlv cross city or county roadwavs with speed limits greater than twentv- five ( 25) miles per hour at an intersection with stop signs or traffic signals• 3) No golf carts shall be operated upon those roads that the citv has identified as arterial roads unless otherwise authorized bv the enablin ordinance. 4) A golf cart/ LSV shall not be operated upon a state hi h wav.  5) The number of occupants in anv olf cart operated on the Citv roads and streets shall be restricted to the number of seats on the golf cart/ LSV. Seat belts shall be provided for each seat on the golf cart/ LSV. No occupants of a olf cart/ LSV shall stand at anv time while the vehicle is in motion. 6) Before olf carts mav be operated under this section, the owners thereof must purchase and maintain liabilitv insurance insurin a ainst personal injurv and damage to property of anv nature relative to the operation of golf carts on the desi nated public roads and streets. Proof of such insurance must be possessed at all times while operatin a golf cart on the designated roads. LSVs shall be re istered and insured in accordance with Section 320. 02, F. S. and titled pursuant to Chapter 319, F. S. 7) No person shall drive anv golf cart upon a bicycle path, sidewalk, sidewalk area or other area not desi nated for motor vehicle use or not specificall esi nated for golf cart use. 11. 13. 08 GOLF CART/ LSV REGISTRATION All golf carts/ LSVs operated on the roadwavs of the Citv of Fort Walton Beach must be re istered throu the Citv of Fort Walton Beach. Re istration must be made by the owner who is at least 21 vears of a e with each owner signing a sworn affidavit verif g the required equipment and insurance coverage. The re istration fee will be included in the Comprehensive Fee Schedule. There are no prorated registration fees. Funds generated from registration fees will support costs of golf cart inspections, registration decals, and other associated costs. All registrations must be renewed annuallv durin the month of September. The registration decal will be placed on the driver side rear fender. All olf carts/ LSVs should include the placement of an orange LSV triangle on back of the olf cart/ LSV. Fines for unre istered golf carts/ LSVs shall be included in the Comprehensive Fee Schedule. 1) Drivin olf cart/ LSV without a current registration during a calendar vear will result in fines for the First, Second, and Third Offenses with a one ( 1) vear revocation of the registration for the Fourth and Subsequent Offenses. 2) Driving a golf cart/ LSV when the re; istration is revoked shall result in a fine and the permanent revocation of the owner' s re istration. 3) If fines are paid within 7 workin davs ( Mondav — Friday) of citation issuance, the owner may re ister the golf cart at no additional cost. 4) If fines are paid after 7 working days of the citation issuance, the owner mustpaY an additional registration fee. 5) If fines are not paid within 30 days of citation issuance, the Citv mav seek an Order to Show Cause through the Code Enforcement Board. 11. 13. 09 ENFORCEMENT 1) The City shall have the authoritv to enforce the provisions set forth herein and a plicable traffic laws. 2) The City of Fort Walton Beach Code Enforcement Board shall be the point of appeal on all Citv Ordinance Violations cited under this ordinance.  Section 3. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. Section 4. Effective Date This Ordinance shall take effect immediately upon approval upon second reading by City Council and the signature of the Mayor, and shall be filed with the Okaloosa County Clerk of Court. Adopted: September 20, 2016 Mike Anderson, Mayor Attest: Approved for form, leg ficie y Kim . Barnes, City Clerk a ykes, Jr., Atto i %% ' v., . .. ` t . • jt..4i