HomeMy WebLinkAboutcocc_council_mtg_packet_20220419_proposed_add-on_item CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
April 19, 2022
6:00 P.M.
NOTICE OF PROPOSED
ADD-ON AGENDA ITEM
Draft Ordinance No. 04-2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING
CHAPTER 74 OF THE CODE OF ORDINANCES RELATED TO TRAFFIC AND VEHICLES TO CREATE A
NEW ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW-SPEED VEHICLES ON ROADS;
AUTHORIZING THE OPERATION OF GOLF CARTS ON SPECIFICALLY DESIGNATED CITY
ROADWAYS BY SUBSEQUENTLY ADOPTED CITY COUNCIL RESOLUTION; PROVIDING
DEFINITIONS; PROVIDING FOR RESTRICTIONS, CERTAIN MINIMUM EQUIPMENT, REGISTRATION,
INSPECTION AND INSURANCE REQUIREMENTS FOR GOLF CARTS; RECOGNIZING LOW-SPEED
VEHICLES ARE ALLOWED ON ROADS UNLESS OTHERWISE PROHIBITED; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE, first
reading.
This proposed Add-on Item may be added to the Agenda by majority vote of the City
Council at the beginning of the meeting.
Mia Goforth
City Clerk
04/15/2022
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CITY COUNCIL MEETING • APRIL 19, 2022
CITY AGENDA ITEM SUMMARY• ADD-ON ITEM CAPE CANAVERAL
Subject: Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to traffic
and vehicles to create a new Article IV.—Operation of Golf Carts and Low-Speed Vehicles on roads;
authorizing the operation of golf carts on specifically designated City roadways by subsequently
adopted City Council resolution; providing definitions; providing for restrictions, certain minimum
equipment, registration, inspection and insurance requirements for golf carts; recognizing low-
speed vehicles are allowed on roads unless otherwise prohibited; providing for enforcement;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code severability and an effective date, first reading.
Department: Brevard County Sheriff's Office and Community & Economic Development
Summary: At the December 21, 2021 Regular City Council meeting, Mayor Pro Tem Kellum
provided an overview of an initiative to authorize golf carts on certain streets and called for Council
consensus to direct Staff to draft an ordinance similar to that of the City of Cocoa Beach. Discussion
included the success of golf cart programs in other cities and pros and cons of allowing golf carts
in the City (Attachment 1). A motion was made by Mayor Pro Tem Kellum, seconded by Council
Member Willis, to direct Staff to draft an enabling ordinance for golf carts in the City.
At the December Meeting, City Attorney Garganese advised how a two-step process would first
include an enabling ordinance to create the possibility of allowing the use of golf carts in the City
and second, a resolution designating certain roadways based on statutory criteria and findings that
the City Council will be required to make upon advice from local law enforcement and others before
any municipal streets are designated and deemed safe for golf cart use. Brevard County Sheriff's
Office (BCSO) Commander Keck discussed regulations to consider, enforcement challenges with
golf carts on the beach and DUIs, and his recommendation/offer to reach out the City of Cocoa
Beach to gain feedback and statistical data. Council continued discussion regarding implementation
of the program on a trial basis and how allowing golf carts to cross State Road A1A would require
the Florida Department of Transportation's consent. City Council voted to direct Staff to draft an
enabling ordinance for golf cart operation in the City.
To this end, the City Attorney has prepared Ordinance No. 04-2022 (Attachment 2). Highlights of
the proposed Ordinance include:
• Defines "golf carts" and "low-speed vehicles" (LSVs) consistent with Florida law.
• Allows the use of golf carts under specific requirements, provided the Council, by separate
resolution, designates certain City streets and roads for use by golf carts. Use of golf carts
and LSVs shall be prohibited if not specifically authorized.
• Golf Carts shall be limited to roads that are specifically posted for such use and that have a
posted speed limit of 30 miles per hour or less.
• Golf carts shall not be allowed on any state or county roadway except at designated
intersections.
• Golf carts shall not be allowed on sidewalks, bicycle paths, swales, or trails.
• The use of a golf cart on a designated road or street shall be deemed a license to use such
roadway.
• Any per operating a golf cart or LSV on a designated road shall do so at their own risk.
City of Cape Canaveral
City Council Meeting •April 19, 2022
Agenda ADD-ON ITEM
Page 2 of 3
• Golf carts shall only be used between sunrise and sunset. However, golf carts may be
operated between sunset and sunrise only if the golf cart is equipped with headlights, brake
lights, turn signals, and a windshield in addition to other equipment as required by F.S. 74-
80.
• Golf carts can only be operated by driver's at least 16 years of age. A person with a valid
learner's permit may operate a golf cart if accompanied by a licensed driver at least 18 years
of age.
• Golf carts cannot exceed 20 miles an hour.
• Golf carts shall comply with applicable traffic regulations, to include parking requirements.
• Required minimum equipment:
o Efficient brakes;
o Reliable steering apparatus;
o Safe tires;
o Rearview mirrors;
o Red reflectorized warning devises (front and rear);
o Headlights if used between sunset and sunrise;
o Brake lights if used between sunset and sunrise;
o Turn signal if operated between sunset and sunrise; and
o Horn meeting applicable standards.
• All golf carts shall be inspected and registered.
• All golf carts shall purchase and maintain liability insurance insuring against injury and
property damage.
• LSVs may be operated where posted speed limits are 35 miles an hour or less.
• LSVs must be equipped with headlamps, stop lamps,turn signals, tail lights, reflex reflectors,
parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers.
• All LSVs must be registered and insured in accordance with F.S. 320.02.
• Any person operating a LSV must have his/her valid driver's license.
• LSVs may be operated at any time of the day.
• Violations of the Ordinance shall constitute a non-criminal infraction.
In a related matter, at the February 15, 2022 City Council Regular Meeting, Member Raymond
provided an overview of dangers regarding electric vehicles on sidewalks, challenges in forcing
electric vehicles onto the street, golf carts, public safety concerns, and authority to make
prohibitions (Attachment 3). City Attorney Garganese advised there is statutory authority for
Council to regulate vehicles on sidewalks, and pointed to the need to gather more information from
BCSO Commander Keck and Staff, in order to avoid unintended consequences. City Manager
Morley recommended bringing this Item back at the same time as the draft golf cart ordinance.
Lieutenant Lockhart discussed the challenges of enforcement regarding dangerous electric vehicle
operation and there being no specific speed limit on sidewalks for electric vehicles or otherwise
Discussion ensued regarding speaking with constituents and ideas for launching an educational
campaign. Council reached consensus to continue the conversation.
Subsequently, the City Manager and City Attorney met with BCSO and C&ED Staff and created a
recommendation regarding prohibiting E-bikes from city sidewalks (Attachment 4).
Additionally, the BCSO has raised public safety concerns about the matter and will be prepared to
discuss these at the Council Meeting.
City of Cape Canaveral
City Council Meeting •April 19, 2022
Agenda ADD-ON ITEM
Page 3 of 3
As background to this item, materials from a golf cart registration program in Wendell, NC are
attached (Attachment 5). Program forms and golf cart related ordinances are included.
Submitting Department Directors: Cmdr. Byron Keck and David Dickey Date: 04/15/2022
Attachments:
1 - December 21, 2021 City Council Minutes
2 - Ordinance No. 04-2022
3 - February 15, 2022 City Council Minutes
4 - E-bike Policy Memo
5 —Wendell, NC Golf Cart Packet
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/15/2022
The City Manager recommends the City Council take the following actions:
Council discuss the matter and provide Staff with guidance as appropriate, and pass the Ordinance
on First Reading if the City Council determines that it may want to enable golf cart use on
designated City streets in the future, by subsequent resolution.
Approved by City Manager: Todd Morley � Date: 04/15/2022
Attachment 1
City of Cape Canaveral, Florida
City Council Regular Meeting • December 21, 2021
Minutes• Page 3 of 5
seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 25-2021, at second reading.
The motion carried 5-0.
ITEMS FOR ACTION:
6. Approve the City Manager Performance Evaluation Form. Human Resources and Risk
Management Director Huser explained the Item. Discussion ensued and included how the current
form was used for many years and support for using the new form. Mayor Morrison stated his
desire to proceed with approval now, but will forward recommended changes to City Clerk
Goforth to share with Council and bring it back to Council prior to the next City Manager
Performance Evaluation.A motion was made by Mayor Pro Tern Kellum,seconded by Council
Member Willis, to adopt the City Manager Performance Evaluation Form. The motion
carried 5-0.
Mayor Morrison recessed the meeting at 6:56 p.m. The meeting was reconvened at 7:03 p.m.
7. Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the
Space Coast Transportation Planning Organization (SCTPO)Technical Advisory Committee and
City resident Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens'
Advisory Committee: City Manager Morley explained the Item. Discussion ensued and included
support for both appointees being reappointed and praise for both never missing a meeting and
the crucial function both appointments play. A motion was made by Council Member
Raymond, seconded by Council Member Willis, to reappoint both Representatives to the
SCTPO Technical Advisory and Citizens'Advisory Committees. The motion carried 5-0.
ITEMS FOR DISCUSSION:
8. Golf cart ordinance in Cape Canaveral (Submitted by Mayor Pro Tern Kellum): Mayor
Pro Tern Kellum explained the Item and called for Council consensus to direct Staff to draft an
ordinance similar to that of the City of Cocoa Beach. Discussion ensued and included the success
of golf cart programs in other cities and pros and cons of allowing golf carts in the City. City
Attorney Garganese advised how a two-step process would first include an enabling ordinance
which creates the possibility of allowing the use of golf carts in the City and second designation
of roadways based on findings from local law enforcement and others. Brevard County Sheriff's
Office Commander Keck discussed regulations to consider,enforcement challenges with golf carts
on the beach and DUls, and his recommendation/offer to reach out the City of Cocoa Beach to
gain feedback and statistical data. Discussion continued regarding implementation of the
program on a trial basis and how allowing golf carts to cross State Road AlA would require the
Florida Department of Transportation's consent. Mayor Morrison read the email comments from
Rod and Linda Hagen, residents, attached herewith. A motion was made by Mayor Pro Tem
Kellum, seconded by Council Member Willis, to direct Staff to draft an enabling ordinance
for golf carts in the City. The motion carried 5-0.
9. Dogs on the Beach (Submitted by Council Member Raymond): Council Member
Raymond explained the Item. Discussion ensued and included enforcement concerns, dogs
appear on the beach most nights, some dogs are leashed, the damaged City sign on Harrison
Avenue and desire for pet owners to be responsible and respectful of the law. Commander Keck
discussed how officers conduct random patrols, confirmed the response to the call on December
4, 2021 was delayed due to an event and will address the lag time between calls/action,complaints
and increase issuance of tickets. Discussion continued on the challenges of and need for
Attachment 2
1 ORDINANCE NO. 04-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF
5 ORDINANCES RELATED TO TRAFFIC AND VEHICLES TO CREATE A
6 NEW ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW-SPEED
7 VEHICLES ON ROADS; AUTHORIZING THE OPERATION OF GOLF
8 CARTS ON SPECIFICALLY DESIGNATED CITY ROADWAYS BY
9 SUBSEQUENTLY ADOPTED CITY COUNCIL RESOLUTION; PROVIDING
10 DEFINITIONS; PROVIDING FOR RESTRICTIONS, CERTAIN MINIMUM
11 EQUIPMENT, REGISTRATION, INSPECTION AND INSURANCE
12 REQUIREMENTS FOR GOLF CARTS; RECOGNIZING LOW-SPEED
13 VEHICLES ARE ALLOWED ON ROADS UNLESS OTHERWISE
14 PROHIBITED; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE
15 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
16 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
17 AND AN EFFECTIVE DATE.
18
19 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State
20 Constitution, and §§ 166.221; 316.212; 316.2122, Florida Statutes to authorize the operation of
21 golf carts and low speed vehicles and regulate such operation within its jurisdictional limits; and
22
23 WHEREAS, the operation of golf carts upon public roads is ordinarily prohibited on such
24 roads unless otherwise authorized by the agency with jurisdiction over such roads including
25 authorized by a city on city streets; county on county roads; and State of Florida on state highways
26 pursuant to § 316.212, Florida Statutes; and
27
28 WHEREAS, to protect the public health, safety and welfare of its citizens, the City Council
29 desires to continue to prohibit the operation of golf carts upon roads and streets incompatible
30 with such operation and regulate the manner and times of operation of golf carts upon certain
31 designated City streets where such operation is authorized by the City Council and such other
32 agencies, if necessary, with jurisdiction over other roads and streets; and
33
34 WHEREAS, section 316.212, Florida Statutes, authorizes local governments to allow golf
35 carts to operate on local roadways if the local government has determined that such operation is
36 safe based on factors including the speed, volume, and character of motor vehicle traffic and has
37 posted appropriate signs to indicate such operation is allowed; and
38
39 WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that the use
40 of golf carts in certain areas may be a safe, economical form of transportation which can reduce
41 traffic congestion and gasoline consumption; and
42
43 WHEREAS, upon adoption of this Ordinance, the City of Cape Canaveral may conduct
City of Cape Canaveral
Ordinance No. 04-2022
Page 1 of 9
1 studies to determine whether golf carts may safely travel on specific local roadways, and will
2 identify, by subsequently adopted resolution, those specific local roadways upon which golf carts
3 can be operated safely, taking into consideration the speed, volume and character of motor
4 vehicle traffic on said roadways; and
5
6 WHEREAS, the City Council finds that the operation of golf carts on local roads should be
7 limited to persons possessing a valid driver's license and subject to such other minimum safety
8 standards required by this Ordinance; and
9
10 WHEREAS, the City Council also recognizes that low-speed vehicles, as defined in section
11 320.01(41), Florida Statutes, are allowed to operate on public roads where the posted speed limit
12 is thirty-five(35) miles per hour or less including City roads and streets unless otherwise prohibited
13 by ordinance in accordance with section 316.2122, Florida Statutes; and
14
15 WHEREAS, the City Council hereby finds this ordinance to be in the best interests of the
16 public health, safety, and welfare of the citizens of Cape Canaveral.
17
18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
19 ORDAINS, AS FOLLOWS:
20 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
21 this reference as legislative findings and the intent and purpose of the City Council of the City of
22 Cape Canaveral.
23
24 Section 2. Amending Chapter 74 of the City Code. The City of Cape Canaveral
25 Code of Ordinances, Chapter 74, is hereby amended as set forth below (underlined type indicates
26 additions and strikcout type indicates deletions, while *** indicate deletions from this Ordinance
27 of said applicable Chapter that shall remain unchanged in the City Code):
28
29 CHAPTER 74 TRAFFIC AND VEHICLES
30
31 * * *
32
33 Secs. 74-64-74-75. — Reserved.
34
35 ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW-SPEED VEHICLES ON ROADS
36
37 Sec. 74-76. Intent; Definitions.
38
39 (a) The city council recognizes that "golf carts" and "low-speed vehicles" are each
40 distinctly defined and their operation on roads and streets are regulated differently under Florida
41 law. Accordingly, pursuant to sections 316.212, it is the intent of the city council to allow and
42 authorize the operation of golf carts only under certain requirements and conditions provided the
City of Cape Canaveral
Ordinance No. 04-2022
Page 2 of 9
1 city council, by resolution, specifically designates a city road and street for use by golf carts. It is
2 also the intent of this article to recognize that low-speed vehicles are allowed on city streets and
3 roads as permitted by section 316.2122, Florida Statutes unless otherwise prohibited by the city
4 council, by resolution, upon a determination that such prohibition is necessary in the interest of
5 safety.
6
7 (b) For purposes of this article, the following words and phrases shall have the
8 following ascribed meaning:
9
10 (i) "Golf cart" shall be as defined in section 320.01(22), Florida Statutes, and means a
11 motor vehicle that is designed and manufactured for operation on a golf course for sporting or
12 recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.
13
14 (ii) "Designated roadways" means those roads identified by the city council, by
15 resolution, as being safe for operation of golf carts considering factors including speed, volume,
16 and character of motor vehicle traffic using said road in accordance with all requirements for
17 operation set forth in this article.
18
19 (iii) "Driver's license" means a valid license issued to operate a motor vehicle issued by
20 the State of Florida or any other state.
21
22 (iv) "Inspection"shall mean a safety evaluation of each registered golf cart for purposes
23 of confirming that the golf cart meets the minimum requirements of this article performed by the
24 by the City department or Sheriff's Office as designated by the city manager.
25
26 (v) "Low-speed vehicle" means any four-wheeled vehicle whose top speed is greater
27 than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to,
28 neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49
29 C.F.R. s. 571.500 and § 316.2122, Florida Statutes. For purposes of this article, "golf carts" as
30 defined in F.S. § 320.01(22) or "speed modified golf carts" shall not be considered "low-speed
31 vehicles" and shall be subject to the specific rules and regulations governing golf carts adopted
32 under this article.
33
34 Sec. 74-77. Use of golf carts on designated roadways.
35
36 (a) It shall be unlawful for a person to operate a golf cart on any road or street within
37 the City of Cape Canaveral jurisdictional limits except upon designated roadways expressly
38 authorized by the city council. It shall also be unlawful to operate a golf cart in violation of any
39 provision set forth in this article.
40
41 (b) The city council may, by resolution, designate a city street or road suitable and safe
42 for golf cart use after considering factors including speed, volume, and character of motor vehicle
43 traffic using said street or road in accordance with all requirements for operation set forth in this
City of Cape Canaveral
Ordinance No. 04-2022
Page 3 of 9
1 article.
2
3 (c) Upon designation by the city council, by resolution, golf carts may be operated on
4 such designated roadway within the city limits of the City of Cape Canaveral where the roadway
5 is posted by the City with appropriate signage to indicate that such operation is allowed.
6
7 (d) Golf cart use may only be authorized on roadways with a posted speed limit of 30
8 miles per hour or less. Golf carts shall not be operated on any roadway where the designated
9 speed limit is greater than 30 miles per hour.
10
11 (e) Golf cart use shall not be allowed on any state or county roadway, except to cross
12 at designated intersections approved by the state or county with jurisdiction over the roadway in
13 accordance with applicable law for the purpose of immediately reaching the next designated
14 roadway. If a crossing is designated on any state or county road or street, it shall be unlawful for
15 a golf cart to cross the state or county road at any other location.
16
17 (f) This article does not authorize the use of golf carts on private property. Golf carts
18 shall not be operated on private property unless authorized by the property owner.
19
20 (g) Golf carts shall not be operated on sidewalks, bicycle paths, swales, or trails.
21
22 Sec. 74-78. Licensed use: revocable: claims prohibited and waived.
23
24 (a) The operation of a golf cart on a roadway designated by the city or a low-speed
25 vehicle on a road not prohibited by the city shall be deemed to be a license to use those roadways
26 and such license shall be revocable by the city council in its legislative capacity based upon its
27 consideration of the public health, safety and welfare of the public arising from such use.
28
29 (b) The authorization to use golf carts on any designated roadway shall not limit or
30 otherwise prohibit the city council from amending or repealing of this article or any resolution
31 adopted in furtherance thereof; contracting or expanding the number of designated roadways on
32 which golf carts can be operated; or designating the crossing points for state or county roads, as
33 may be approved by the state or county. Further, the lack of a prohibition to use low-speed
34 vehicles on roadways shall not prohibit the same by city council relative to low-speed vehicles. All
35 persons operating golf carts or low-speed vehicles on city streets or roads, whether designated
36 or prohibited roadways or not, do so on the condition that there shall be no claim for monetary
37 loss or other claim for the loss of allowed golf cart or low-speed vehicle operation on such streets
38 or roads or any monetary claim therefore based on a claim for action in reliance on the provisions
39 of this article. The city council retains the unlimited legal authority to revoke, amend or to
40 otherwise legislate as to the operation of golf carts or low-speed vehicles on streets without
41 liability of any kind arising from its legislative decisions.
42
43 (c) Any person operating a golf cart or low-speed vehicle enjoying a license hereunder
City of Cape Canaveral
Ordinance No. 04-2022
Page 4 of 9
1 for such purpose and all persons who are passengers in such golf cart or low-speed vehicle shall
2 be deemed to have waived any claim against the city for its legislative decision to allow the
3 operation of such golf carts on designated city streets or low-speed vehicles on streets in
4 compliance with this article, and this article is declared by the city council to be a legislative act of
5 the city pursuant to the authority granted by Florida Statutes.
6
7 (d) Any person operating a golf cart or low-speed vehicle on any road or street within
8 the City of Cape Canaveral does so at their own risk and must operate such a vehicle with due
9 regard for the safety and convenience of other motor vehicles, bicyclist(s) and pedestrians. The
10 city, in extending operating privileges to golf carts or low-speed vehicles, does so on the express
11 condition that the operator undertakes such operation at their own risk and assumes sole
12 responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and
13 hold harmless the City of Cape Canaveral, its officials, attorneys and employees from any and all
14 claims, demands, damages, or causes of action, known or unknown, of any nature arising from
15 such operation by any person against the City of Cape Canaveral and its officials, attorneys and
16 employees.
17
18
19 Sec. 74-79. Restrictions.
20
21 Golf carts operating on designated roadways shall be subject to the following restrictions:
22
23 (a) Hours of operation. Golf carts may be operated on designated roadways only
24 during the hours between sunrise and sunset. However, the operation of golf carts on designated
25 roadways between sunset and sunrise is allowed as long as the golf carts operating during this
26 time are equipped with headlights, brake lights, turn signals, and a windshield in addition to the
27 other equipment required under section 74-80. Such lights must be on when the golf cart is
28 operating on streets and roads between sunset and sunrise.
29
30 (b) Licensed driver. Golf carts operating on designated roadways must be operated
31 by a person who is at least 16 years of age, and who possesses a valid driver's license. Persons
32 who possess a valid learner's permit may operate a golf cart on designated roadways when
33 accompanied by a licensed driver of at least 18 years of age. No person may operate a golf cart
34 on city streets and roads who has a suspended driver's license or whose driver's license has been
35 revoked.
36
37 (c) Maximum speed. Golf carts operating on designated roadways shall not exceed
38 20 miles per hour.
39
40 (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all
41 applicable local and state traffic regulations. Golf carts shall not be operated at such a slow speed
42 as to impede, obstruct or block the normal or reasonable movement of traffic, except when
43 reduced speed is necessary for safe operation or compliance with law. Golf carts shall stay to the
City of Cape Canaveral
Ordinance No. 04-2022
Page 5of9
1 far right of any designated roadway, and shall yield the right of way to overtaking drivers.
2
3 (e) Parking. Golf carts shall comply with all applicable parking regulations in the
4 same manner as any other motor vehicle.
5
6 (f) Occupants. The number of occupants in a golf cart operated on designated
7 roadways shall be limited to the number of seats on the golf cart provided by the golf cart
8 manufacturer. No occupants of a golf cart shall stand at any time while the golf cart is in motion.
9
10 (h) Alcohol. All state regulations governing the use and possession of alcoholic
11 beverages while operating a motor vehicle shall apply to the operation of golf carts on designated
12 roadways.
13
14 Sec. 74-80. Required minimum equipment.
15
16 All golf carts operated on designated roadways shall maintain the following minimum
17 equipment in good working order:
18
19 (a) Efficient brakes;
20
21 (b) Reliable steering apparatus;
22
23 (c) Safe tires;
24
25 (d) Rearview mirrors;
26
27 (e) Red reflectorized warning devices, both in the front and the rear;
28
29 (f) Headlights if operated between sunset and sunrise;
30
31 (g) Brake lights if operated between sunset and sunrise;
32
33 (h) Turn signal if operated between sunset and sunrise; and
34
35 (i) Horn meeting the standards of § 316.271, Florida Statutes.
36
37 Sec. 74-81. Inspection and registration of golf carts required.
38
39 All golf carts operating on designated roadways in the City of Cape Canaveral shall be
40 registered and inspected in a manner administratively determined by the city manager as follows:
41
42 (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by
43 the City. The owner shall pay an annual registration fee established by resolution of the city
City of Cape Canaveral
Ordinance No. 04-2022
Page 6 of 9
1 council, and shall be issued a registration decal which shall be affixed to the back driver's side of
2 the golf cart in a location easily visible to law enforcement. Decals shall be issued annually, and
3 are valid for one year.
4
5 (b) Prior to issuance of a registration decal, golf cart owners shall be required to
6 provide proof of ownership and liability insurance, a valid driver's license and sign an affidavit of
7 compliance. The insurance and license must remain in full force and effect at all times the golf
8 cart is operated on city streets or roads.
9
10 (c) At the time of registration, the City shall inspect the golf cart to verify road
11 worthiness and to ensure the required equipment is installed and working properly.
12
13 (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A
14 police report shall be filed in the event of a lost or stolen decal. The police chief or the police
15 chief's designee shall have the discretion to determine whether a replacement decal may be
16 issued. If no existing registration information is available, the police chief may direct the golf cart
17 owner to reapply and to repay any required fees prior to a replacement decal being issued.
18
19 (e) No registration is required for golf carts which are not operated on city streets or
20 roads.
21
22 Sec. 74-82. Insurance required.
23
24 All golf cart owners are required to purchase and maintain liability insurance insuring
25 against personal injury and property damage. Minimum required insurance shall be the same as
26 for motor vehicles registered in the State of Florida for personal use and as designated by Florida
27 Statutes. Proof of insurance must be presented at time of golf cart registration, and must be
28 possessed at all times by the golf cart operator while operating the golf cart on designated
29 roadways.
30
31 Sec. 74-83. Low-speed vehicles.
32
33 (a) Authorization to operate low-speed vehicles. Low-speed vehicles may be
34 operated within the city limits where the posted speed limit is thirty-five (35) miles per hour or
35 less. Pursuant to F.S. § 316.2122(1), this does not prohibit a low-speed vehicle from crossing a
36 road or street at an intersection where the road or street has a posted speed limit of more than
37 thirty-five (35) miles per hour. However, the city council may in its legislative discretion, by
38 resolution, prohibit the operation of low-speed vehicles on any City street or road under its
39 jurisdiction if the city council determines that such prohibition is necessary in the interest of safety.
40
41 (b) Equipment and minimum standards. According to the requirements set
42 forth in F.S. § 316.2122, a low-speed vehicle must be equipped with headlamps, stop lamps, turn
43 signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts
City of Cape Canaveral
Ordinance No. 04-2022
Page 7 of 9
1 and vehicle identification numbers. A low-speed vehicle must be registered and insured in
2 accordance with F.S. § 320.02. Any person operating a low-speed vehicle must have in his or her
3 possession a valid driver's license.
4
5 (c) Hours of operation. Low-speed vehicles may be operated at any time.
6
7 (d) Compliance with traffic laws. Low-speed vehicles shall comply with all local and
8 state traffic laws, and may be ticketed for traffic violations in the same manner as motor vehicles.
9
10
11 Sec. 74-84. Enforcement.
12
13 A violation of this article shall constitute a non-criminal infraction enforceable pursuant to
14 the provisions of § 316.212(9), Florida Statutes, and city ordinances by a law enforcement officer
15 or city code enforcement officer as such officer's legal authority and jurisdiction allows. In
16 addition, other avenues for the enforcement of violations of this article may be enforced by city
17 code enforcement officers as a code violation pursuant to chapter 2, Article VI, Code Enforcement
18 of the City Code. The Uniform Traffic Citations shall only be used for violations that are also
19 violations of the Florida Uniform Traffic Control Law.
20
21
22 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
23 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
24 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
25
26 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
27 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
28 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
29 and like errors may be corrected and additions, alterations, and omissions, not affecting the
30 construction or meaning of this ordinance and the City Code may be freely made.
31
32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
36 the validity of the remaining portions of this Ordinance.
37
38 Section 6. Effective Date. This Ordinance shall become effective immediately upon
39 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
40 Charter.
41
42
43
City of Cape Canaveral
Ordinance No. 04-2022
Page 8 of 9
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
2 of , 2022.
3
4
5
6 Wes Morrisson, Mayor
7
8 ATTEST: For Against
9
10 Kim Davis
11
12 Mia Goforth, CMC Mickie Kellum
13 City Clerk
14 Wes Morrison
15
16 Angela Raymond
17
18 Don Willis
19
20
21 First Reading:
22 Advertisement:
23 Second Reading:
24
25
26
27 Approved as to legal form and sufficiency
28 for the City of Cape Canaveral only by:
29
30
31 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 04-2022
Page 9 of 9
Attachment 3
City of Cape Canaveral, Florida
City Council Regular Meeting • February 15, 2022
Minutes• Page 2 of 7
CONSENT AGENDA: Mayor Morrison removed Item 1.
1. Approve Minutes for January 18, 2022 Special and Regular City Council Meetings.
2. Resolution No.2022-02;appointing Members to the Culture and Leisure Services Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Betsy Ronk and Mary Mosquera)
3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2021.
A motion was made by Mayor Pro Tern Kellum,seconded by Council Member Raymond, to
approve Consent Agenda Items 2 and 3. The motion carried 5-0.
#1 Mayor Morrison explained the motion made during the City Council Special Meeting of
January 18, 2022, Item 1, Discuss the status of the Civic Hub project/7404 N. Atlantic Avenue,
should have included reference to Section 166.045 and AGO 90-53. A motion was made by
Mayor Morrison, seconded by Mayor Pro Tem Kellum, to amend the Minutes, "...to direct
the City Attorney to provide a memo, before closing, in compliance with State Law, Section
166.045 and AGO 90-53". Discussion ensued and included reasons for the amendment such as
the importance of specifying the State statute and Attorney General Opinion and capturing
motions as closely as possible.The motion carried 5-0.A motion was made by Mayor Pro Tern
Kellum, seconded by Council Member Willis, to approve Agenda Item 1, January 18, 2022
Special Meeting Minutes, as amended and the Regular City Council Meeting Minutes. The
motion carried 5-0.
OLD BUSINESS (ITEMS FOR DISCUSSION):
4. Compensation for the City's elected officials. (Postponed at the December 21, 2021 and
January 18, 2022 Regular Meetings): City Manager Morley explained the Item. Patrick Campbell,
resident, expressed thanks for bringing the Item to Council, discussed support for action to be
taken immediately to increase compensation of Council Members, and adjusting pay rates of
certain lower paid Staff members. Discussion ensued and included pros and cons regarding
increasing compensation for elected officials, the awkward topic for Council, strong support for
increases to become effective after the longest term of the current sitting elected official expires
which is the Mayor's term in 2025, tying the increase to the Consumer Price Index inflation rate
calculation, knowing the value elected officials create for the community, desire for diversity on
Council, and need for additional resources to help elected officials serve.A motion was made by
Council Member Willis, seconded by Council Member Raymond, to accept a pay increase
for the City's elected officials beginning Fiscal Year 2024/2025, based upon the current
Consumer Price Index Inflation Rate at that date. Discussion ensued regarding whether an
automatic adjustment should be made every year following and desire to not bind any future City
Council to do so. City Manager Morley confirmed Council's direction for the increase effective
beginning December 1, 2024 and to bring a draft ordinance back for first reading within sixty to
ninety days. The motion carried 5-0.
5. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond)
(Postponed at the January 18, 2022 Regular Meeting): Council Member Raymond explained the
Item. Discussion ensued and included dangers regarding electric vehicles on sidewalks, challenges
in forcing electric vehicles onto the street, golf carts, public safety concerns, and authority to make
prohibitions with the exception of ADA (Americans with Disabilities Act) devices. City Attorney
Garganese advised there is statutory authority for Council to regulate vehicles on sidewalks,
City of Cape Canaveral, Florida
City Council Regular Meeting • February 15, 2022
Minutes• Page 3 of 7
pointed to the need to gather more information from BCSO Commander Keck and Staff, in order
to avoid unintended consequences, and policy decisions that Council would need to make. City
Manager Morley recommended bringing this Item back to the meeting that includes the draft
golf cart ordinance. Lieutenant Lockhart discussed the challenges of enforcement regarding
dangerous electric vehicle operation and there being no specific speed limit on sidewalks for
electric vehicles or otherwise. Discussion ensued regarding speaking with constituents and ideas
for launching an educational campaign. Council reached consensus to continue the conversation.
Teresa Camp, resident of Merritt Island, discussed a dangerous experience she had with two
motorized vehicles while walking on the beach January 9, 2022. Mayor Morrison recommended
making a non-emergency phone call to the Sheriff's Office in such instances.
Mayor Morrison recessed the Meeting at 7:36 p.m., the Meeting was reconvened at 7:51 p.m.
PUBLIC HEARINGS: City Attorney Garganese provided an overview for the following Ordinances.
6. Ordinance No. 23-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property located
along the North and South Side of Oak Lane, and more particularly depicted and legally
described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;"
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date,second reading:City Attorney
Garganese read both titles into the record and confirmed property owned by Don Haynes was
removed as requested. Community and Economic Development Director Dickey advised Council
regarding an additional request for removal of 126 Oak Lane, Bernard Lennon, owner. Discussion
ensued and included properties being removed from the Ordinance will remain non-conforming,
notification process and additional efforts by the City to inform residents of proposed actions on
Oak Lane with a courtesy letter and personal visit by Mayor Pro Tern Kellum, procedure to make
another amendment to the Ordinance and whether properties on Anchorage Lane and others that
fall within the 500 foot radius should be given additional notices. Community and Economic
Development Director Dickey reminded Council of the Noticing requirements and potential
negative impacts of deviating from the process. City Manager Morley clarified how all properties
were noticed in accordance with the Code and, as a result of Council's direction at the January
City Council Meeting, residents of Oak Lane received additional notifications not required by
Code. City Attorney Garganese advised effective dates for each Ordinance is 31 days after
adoption unless challenged, Council may not make arbitrary amendments once approved, and
property owners should attend public hearings if they desire to address Council. Discussion
ensued and included the impacts of stopping the process now to allow others to respond,
respecting Staff's efforts and the need to move forward. A motion was made by Council
Member Raymond, seconded by Council Member Davis, to adopt Ordinance No. 23-2021,
with removal of 126 Oak Lane,at second reading.The Public Hearing was opened. Don Haynes,
resident and owner of 146 Oak Lane, thanked Council for granting the request to remain C-1
Commercial.Mark James, resident of 135 Oak Lane,discussed receiving the Notice,courtesy letter,
and objection to allowing 126 Oak Lane to remain C1 Commercial.The Public Hearing was closed.
The motion carried 5-0. Ordinance No. 24-2021; adopting a City-initiated rezoning of Several
Parcels of Property located along the North and South Side of Oak Lane from their respective
current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium
Density Residential Zoning District designation; providing the properties subject to this
Ordinance are more particularly depicted and legally described on Exhibit"A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability and an
Attachment 4
Memo
City Manager's Office
TO: City Council
FROM: Todd Morley, City Manager
DATE: 4/14/2022
RE: Considerations on the issue of whether e-bikes should be prohibited from
sidewalks in the City's Rights-of-Way, to include other forms of "e-mobility" devices (i.e. boosted
boards, one wheels, etc.)
On March 24, 2022, City Staff met with BCSO and the City Attorney to discuss the issue. After
consideration of the issue (should e-bikes be allowed on City sidewalks), it was determined that
the most reasonable course of action at this time is to develop more bike-friendly infrastructure
and dedicated bicycle lanes to allow for the safe travel of e-bikes in designated areas. It is believed
that moving e-bikes or other electric mobility devices off City sidewalks could create unintended
traffic conflicts and endanger a large number of bicyclists/operators and motor vehicle drivers
due to a lack of education about roadway safety rules and the enhanced speed capabilities of e-
bikes. Records provided by BCSO currently indicated no e-bike related crash incidents involving
the hitting of either pedestrians or vehicles, only incidents involving the bicycle rider themselves.
Enforcement was also deemed to be a very challenging issue should the City Council decide to
enact any type of rules against e-bikes being on City sidewalks, even when considering the
concept of limiting enforcement to only certain areas or classes of e-bikes and their speeds instead
of a blanket ban on all classes of e-bikes on all public sidewalks within the City. Additionally, there
are other forms of "e-mobility" devices (i.e. boosted boards, one wheels, etc.) that would likewise
have to be addressed if the City proceeded with regulating e-bikes on sidewalks.
At this time, the best course of action is believed to be the continued construction of dedicated
bike lanes throughout the City that could allow for the safe movement of e-bikes and other e-
mobility devices. The City has designated numerous bike lanes in recent years, including across
Ridgewood Ave, North Atlantic Ave, International Dr., Center St, and West Central Blvd.Additional
bike lanes are planned for FY 22/23 along Canaveral Beach Blvd and Canaveral Blvd. The
Presidential Streets Masterplan may also include recommendations to build dedicated bike lanes
across the Presidential Streets area for a continued increase in interconnected bike infrastructure
that can be taken advantage of by e-mobility devices.This issue could be reevaluated in the future
if necessary, should circumstances change.
Attachment 5
ENDELL
Golf Cart Registration Packet
Thoroughly reading the attached information packet will provide the owner with
the background needed to both understand and complete the golf cart registration
process. Included in this packet is a checklist to assist in the registration of your
golf cart along with all needed forms. Also enclosed is a copy of the ordinance
that provides for the proper operation of golf carts within Town. Registration will
allow operation of the cart on most streets and roadways within the Town.
NOTE: Low Speed Vehicles as defined by and registered with the North Carolina
Department of Motor Vehicles are NOT subject to this process. These vehicles
are allowed to operate on the streets and roadways pursuant to North Carolina
General Statute 20-121.1
Checklist:
✓ Download application packet containing Registration Form, Liability Waiver, Inspection
Form and Ordinance.
❑ Review and Complete Forms
❑ Pay registration fee at Town Hall and obtain copy of receipt.
❑ Contact Wendell Police Department to schedule an inspection (appt. may be scheduled
by calling between 8:00-12:30 and 1:30-5:00). Inspections will be performed at the
Police Department Monday thru Friday, excluding holidays.
❑ Assemble a packet that contains proof of ownership, liability insurance and a completed
waiver of liability. This packet must be in the golf cart at all times while in operation on
public roads.
❑ Bring registration packet, receipt of registration payment, and other required
documentation to scheduled inspection along with golf cart. Note: If cart is not yet
registered, it cannot be driven to the Police Department.
❑ Inspector reviews documentation and conducts inspection.
❑ Obtain permit after inspection. If the cart does not pass registration one re-inspection
may occur within 30 days, otherwise the application is voided with no refund of fees.
GC-1 (8-9-16)
ENDELL
Golf Cart Registration Form
(Please Print in Blue or Black Ink)
Owner's Full Name:
Owner's Driver's License Number: State:
Owner's Physical Address:
City: State: Zip:
Owner's Mailing Address:
City State: Zip:
Telephone Number: Daytime: ( ) Nighttime :( )
Make of Golf Cart: Year Made
Color of Golf Cart:
Serial Number/VIN of Golf Cart:
Insurance Certification
Under penalties of perjury, I declare this vehicle is insured with the company named below and I will
maintain liability insurance throughout the registration period.
Name of Insurance Company and Policy Number
(Attach Proof of Insurance for Golf Cart)
By signing this application below, the applicant acknowledges that he/she has read and understands the
provisions of the Town of Wendell Code of Ordinances as it pertains to operation of golf carts and agrees
to abide by all rules and regulations governing the operation of his/her golf cart. The applicant
furthermore acknowledges and accepts that registration of the golf cart is non-transferable between
owners. If an individual owning a golf cart currently registered by the Town of Wendell disposes of that
cart and purchases a new one during the registration period,the new golf cart registration shall be subject
to all requirements of the ordinance, completion of all forms contained in the packet, and payment of a
transfer fee of$20.00. New registration stickers shall be issued in these circumstances.
Owner's Signature Date
For Town's Use Only
Approved By Town of Wendell Police Officer(Print Name):
Permit Number:
Date Issued: Signature
GC-2 (3-22-17)
VaiENDELL
Golf Cart Liability Waiver
I acknowledge that I have read, understand and agree to abide by the Wendell Code of
Ordinances Chapter 24 Article V as it pertains to Golf Cart registration and operation in the
Town of Wendell. I agree that I will obey all the rules and regulations set forth by the Town of
Wendell concerning the operation of a golf cart within town limits. Furthermore, I have paid the
registration fee for the cart and agree to additional assessments as may be required in support of
this ordinance.
I acknowledge that I will assume all liability, and am fully responsible for the operation of the
golf cart on the streets and roads in the Town of Wendell. I also acknowledge that the Town of
Wendell, in providing this privilege, is in no way endorsing the operation of this cart on the
streets and roads, and does not and will not assume any liability associated with the operation of
the cart. I agree to indemnify and hold harmless the Town of Wendell for any and all liability
arising from the use of this golf car/cart.
I also understand that the Town of Wendell's interpretation of all the rules and regulations
associated with the use of Golf Carts on its streets and roadways are final.
Finally, I agree to insure that the permit sticker will remain attached to the driver's side of the
cart at all times unless and until the cart is sold or otherwise permanently inoperable. If either of
the two issues arises, the sticker will be removed and destroyed. I acknowledge and accept that
registration of the golf cart is non-transferable between owners. If an individual owning a golf cart
currently registered by the Town of Wendell disposes of that cart and purchases a new one during the
registration period, the new golf cart registration shall be subject to all requirements of the ordinance,
completion of all forms contained in the packet, and payment of a transfer fee of $20.00. New
registration stickers shall be issued in these circumstances.
Owner's Printed Full Name as it appears on the Registration Form
Permit Number:
(To be provided by issuing official )
Owner's Signature Date
GC-3 (3-22-17)
-- ENDELL
Town of Wendell Code of Ordinances
Chapter 24 Article V
Golf Cart Related Ordinances
SECTION 1. NOW, THEREFORE BE IT ORDAINED by the Town Board of the Town of
Wendell,North Carolina that Chapter 24 of the Wendell Code of Ordinances be amended to
provide clear definition and guidance to ensure the safe operation of golf carts within the Town
and to more specifically read as follows:
Section 132-149. -Reserved
Article V
Sec. 150—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:
GOLF CART means a motor vehicle having not less than four wheels in contact with the
ground and unmanned weight less than 1,300 pounds which is designed to be operated at
not more than 20 miles per hour and is designed to carry golf equipment. This does not
include vehicles known as all-terrain vehicles (ATVs), Utility Task Vehicles (UTVS) or
go-carts.
LOW SPEED VEHICLE means a four-wheeled electric vehicle whose top speed is
greater than 20 miles per hour but less than 25 miles per hour.
OPERATOR means a person having a valid North Carolina non-provisional driver's
license (or a recognized similar valid license from another state)who is driving the golf
cart and has full control of its operation and passengers.
State Law reference § 20-4.01. Definitions.
Sec. 151 —Low Speed Vehicle
Low Speed Vehicles, as defined under North Carolina General Statute 20-4.01 and as
equipped and regulated under North Carolina General Statute 20-121.1 shall be operated
under the applicable state statutes and shall not be subject to this ordinance.
State Law reference § 20-4.01. Definitions and 20-121.1.
GC-4(7-25-16) 1
-- ENDELL
Town of Wendell Code of Ordinances
Chapter 24 Article V
Golf Cart Related Ordinances
Sec. 152 - Golf'Cart Equipment
Golf Carts approved for operation under this ordinance must be the size and shape that
conforms to industry standards for manufactured golf carts. Additionally, the golf cart
must be equipped with the following:
(a) Identification or serial number,
(b)An unobstructed rear-view mirror and left side minor, or a wide angle cross bar rear-
view minor,
(c) Operating headlight(s) on the front of the golf cart and operating tail light(s) on the
back of the golf cart. All lights must be visible from a distance of 500 feet, and
(d) Golf carts may have "lift kits"but no golf cart may be more than 22"high measured
from the ground to the floorboard of the cart.
State Law reference § 160A-300.6
Sec. 153—Insurance Requirements
Every golf cart operated under this ordinance shall have in full force and effect, valid
liability insurance sufficient to cover the risk involved in using a golf cart on the public
streets and roadways. Valid liability coverage is that which is defined in North Carolina
General Statute 20-279.21(b) as the minimum required.
State Law reference § 160A-300.6
Sec.154 —Liability
Golf carts are not designed or manufactured to be used on public streets and the town in
no way advocates or endorses their operation on public streets and roadways. The town,
by regulating such operation, is trying to address safety issues, and adoption of this
section is not to be relied upon as a determination that operating on public streets and
roadways is safe or advisable if done in accordance with this section.
All persons who operate or ride upon golf carts on public streets do so at their own risk
and peril, and must be observant of and attentive to the safety of themselves and others,
including their passengers, other motorists, bicyclists and pedestrians.
GC-4(7-25-16) 2
ENDELL
Town of Wendell Code of Ordinances
Chapter 24 Article V
Golf Cart Related Ordinances
The town has no liability under any theory of liability and the town assumes no liability
for permitting golf carts to be operated on public streets and roadways.
State Law reference § 160A-300.6
Sec. 155—Registration
Operators of golf carts operated under this ordinance must have a valid registration decal
issued by the Town of Wendell prior to operating on the roads. This registration decal
must be obtained by the owner through submittal of a golf cart registration, a valid North
Carolina Driver's License,proof of ownership and liability insurance and a waiver of
liability to the Wendell Police department who will then schedule an inspection of the
golf cart.
The cost for the registration shall be $100.00 and will be payable to the Town at the time
of registration. The registration shall be valid for no more than one year and is to be
renewed annually at which time the owner shall submit the above documents and shall
schedule the vehicle for a subsequent inspection. All renewals shall occur in the same
month of the calendar year. Registration fees shall not be prorated.
(a)The registration decal must be displayed on the lower left corner of the windshield
(driver's side) or, in the absence of the windshield, the left front fender so as to be easily
visible by law enforcement personnel.
(b)Lost or Stolen Registration decals are the responsibility of the owner and must be
replaced before the golf cart is operated on a public road. The cost of a replacement shall
be $20.00.
State Law reference § 160A-300.
Sec. 156 -Inspection.
No golf cart may be operated on any street or highway in the town without first passing
an inspection which will be conducted prior to the issuance of a town registration decal.
Furthermore, no registration decal will be issued until the operator presents proof that the
golf cart is fully insured, and the operator has a valid North Carolina driver's license or
recognized valid driver's license from another state.
GC-4(7-25-16) 3
Attachment 5
-- ENDELL
Town of Wendell Code of Ordinances
Chapter 24 Article V
Golf Cart Related Ordinances
To pass the inspection for the town and to obtain a golf cart permit, the golf cart must
have the following:
(a) Operational headlight(s) and tail light(s);
(b)Rubber or equivalent tires;
(c) Operational steering gear, brakes, emergency or parking brake, rear-view minor,
adequately affixed driver seat(s);
(d) Other requirements as set forth in Article V of this Section must be complied with.
State Law reference § 160A-300.
Sec. 157 - Operation.
The following restrictions limiting the operation of golf carts in the town shall apply:
(1) Golf cart transportation is limited to those streets and highways within the town limits which
have a posted speed limit of 35 miles per hour or less except as noted:
(a) Golf carts may not be operated on the following streets or roadways regardless of the
speed limit:
(1)Any portion of Wendell Blvd.
(2)Any portion of US 231 (S. Selma Rd.)
(3)Any portion of Wendell Falls Parkway.
(b) Golf carts may cross a road with a posted speed limit greater than 35 mph or one of
the streets or roadways listed above. Golf carts must cross in a manner that is the most
direct route in order to decrease crossing distance, i.e. no riding along a road or crossing
at an angle.
(2) Golf carts must be operated at the right edge of the roadway unless lane usage is necessary to
make turns or travel through intersections.
(3) Golf Carts must yield to all vehicular and pedestrian traffic.
GC-4(7-25-16) 4
ENDELL
Town of Wendell Code of Ordinances
Chapter 24 Article V
Golf Cart Related Ordinances
(4) Golf carts must be parked in accordance with the laws and ordinances which apply to any
parked vehicle in the town.
(5) Golf carts are prohibited from traveling upon or parking on any sidewalk or multi-purpose
path within the town.
(6) Any person who operates a golf cart on public streets and roads must adhere to all applicable
State and local laws, regulations and ordinances, including but not limited to those banning the
possession and use of alcoholic beverages, and all other illegal drugs. In addition, no golf cart
containing any open container of alcohol shall be operated on public roads.
(7) The operator of the golf cart shall comply with all traffic rules and regulations adopted by
the State of North Carolina and the Town which governs the operation of motor vehicles.
(8) In no instance shall a golf cart be operated at a speed greater than 20 miles per hour. No golf
cart may be operated at a speed greater than reasonable and prudent for the existing conditions.
(9) Golf carts are required to follow the rules and regulations of any other vehicle during special
events and are not permitted to enter special event areas unless the golf cart is a part of the event
and approved by the Chief of Police.
(10)No person shall operate a golf cart on a public street or highway in the town unless said
person has a valid non-provisional North Carolina driver's license or a valid similar recognized,
out-of-state license in accordance with North Carolina General Statute § 20-7. Golf cart
operators must carry their driver's license on their person at all times while operating a golf cart
on public roads.
(11) Only the number of people the golf cart is designed to seat may ride on a golf cart.
Additionally, passengers shall not be carried on the part of a golf cart designed to carry golf
bags.
(12) Operators of Golf Carts are required to ensure that all occupants under the age of 18 are
secured within the golf cart through the use of an appropriate passenger restraint system.
(13)Each golf cart owner must have proof of ownership, liability insurance and a completed
waiver of liability releasing the Town from liability that may arise as a result of operation of a
golf cart inside the Town. These documents must be in the golf cart at all times while in
operation on public roads.
GC-4(7-25-16) 5
ENDELL
Town of Wendell Code of Ordinances
Chapter 24 Article V
Golf Cart Related Ordinances
(14) If mechanical front and rear turn signal indicators are not installed on the golf cart, then
hand signals are required for turns and stops.
(15) The operator of the golf cart is mandated to use the headlight(s) and taillight(s), as defined
in Section 152 of this article whenever the vehicle is operated during the period from dusk until
dawn so as to maximize its visibility.
(16) Golf carts shall not be operated during inclement weather or when visibility is impaired by
weather, smoke, fog or other conditions;
State Law reference § 160A-300.6
Sec.158—Violations
Any operator of a golf cart in violation of either this Section or the motor vehicle laws of the
State of North Carolina shall be charged the same as any other driver of any registered vehicle in
the state.
Sec.159—Penalties
Violations of this Section or the motor vehicle laws of the State of North Carolina shall result in
fines and penalties as described in this section for similar violations made with registered
vehicles or in the case of violations of the motor vehicle laws of the State of North Carolina, the
penalties shall be the same as those set by applicable state statute.
Additionally, violation of either this Section or the motor vehicle laws of the State of North
Carolina through a particular registered golf cart may be grounds for the inability to renew the
registration which shall be at the discretion of the Chief of Police.
Disclaimer: This ordinance, upon approval by the Town Board, shall be applicable to all
persons who register and operate golf carts within the corporate limits of the Town of Wendell,
until such time that the ordinance is altered, modified, or rescinded by the Town Board.
GC-4(7-25-16) 6
Attachment 5
ENDELL
Golf Cart Inspection Form
Owner Name: Owner Phone #:
Owner Address:
Golf Cart Make: Golf Cart Serial/VIN#:
Inspection Item Pass Fail Comments
0 New/Renewal (100.00)
0 Lost/Stolen/Same Owner Transfer
Registration Paid Receipt ($20.00)
Rcpt#
Valid Driver's License for
Registered Owner
In Force Liability Insurance
Signed Waiver Form
Headlight(s)visible from 500
feet,all operational.
Tail light(s)visible from 500
feet, all operational
Rear view minor and left side
mirror/or wide angle cross bar
rearview minor
No more than 22 inches high to
the floor
Rubber/equivalent tires
Steering
Brakes
Emergency/Parking Brake
Affixed Seat(s)
Passenger Restraint System (if
applicable)
I certify that I have conducted an inspection of the above referenced vehicle and that the
conditions of the inspection items are accurately reported:
Inspector's Printed Name Inspection Date
Inspector's Signature Permit Number
GC-5 (3-22-17)