HomeMy WebLinkAboutcocc_ordinance_no_04-2022_202208161 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
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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 Tess 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 sett 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
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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
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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 Tess. 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
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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
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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 (9) 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
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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
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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
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1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, 2022.
2
3
4
5 Wes Morrison, Mayor
6
7
8 ATTEST:
9
10
11
12 Mia Goforth, CMC
13 City Clerk
14
15
16
17
18
19
20
21 First Reading: April 19, 2022
22 Advertisement: May 5, 2022
23 Second Advertisement: August 4, 2022
24 Second Reading: August 16, 2022
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
FOR AGAINST
Kim Davis X
Mickie Kellum Motion
Wes Morrison Second
Angela Raymond X
Don Willis X
City of Cape Canaveral
Ordinance No. 04-2022
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