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HomeMy WebLinkAboutcocc_council_mtg_packet_20230221_5p_wrkshpCAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA Februar 21, 2023 5:00 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. ITEM FOR DISCUSSION 15:15 p.m. — 5:45 p.m. 1. Review the Kimley-Horn & Associates Inc. (KHA) Traffic Study (Study) regarding the operation of golf carts on specifically designated roadways, and provide feedback to Staff for program implementation. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL WORKSHOP • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 1 Subject: Review the Kimley-Horn & Associates Inc. (KHA) Traffic Study (Study) regarding the operation of golf carts on specifically designated roadways, and provide feedback to Staff for program implementation. Department: Community and Economic Development Summary: At the Civic Hub Workshop Meeting on February 7, 2023, City Council agreed to hold a Workshop Meeting to review the results of the Study for the implementation of golf carts on February 21, 2023, from 5:00 to 6:00 p.m. The Workshop will include a presentation by the engineering firm responsible for the Study, KHA. It will serve as an opportunity for Council to ask questions and provide feedback prior to its Regular Meeting at 6:00 p.m., where an item requesting acceptance of the Study will be on the Consent Agenda. The overarching goals for City Council at this Workshop Meeting: 1. Be prepared to discuss the findings and recommendations of the Study, and its implications for the City. 2. Ask questions and provide feedback to KHA and Staff regarding the Study. At its August 16, 2022, Regular Meeting (Attachment 1), Council directed Staff to obtain the Study regarding the operation of golf carts on designated City roadways in accordance with Section 74- 76 through 74-84 of the City's Code of Ordinances, which was established by Ordinance No. 04- 2022 (Attachment 2). The City engaged KHA to draft a report that creates a Golf Cart Network Map indicating which roads are suitable for golf cart use within the City. The resulting Study (Attachment 3) communicates Florida Statutes and regulations on usage of golf carts on public roads, evaluate which roads are eligible, and recommends a network of golf -cart friendly roads within the City as well as recommended signage. The evaluation and recommendations within the memorandum can be utilized by City Council to establish a resolution identifying the roadway network designated for golf cart use within the City limits per the requirements within Ordinance No. 04-2022. The proposed golf cart network (part of Attachment 3) includes all City -owned and operated roads. Initially, three crossings were proposed across State Road A1A at the signalized intersections of West Central Boulevard, North Atlantic Avenue (near Cumberland Farms), and Buchanan Avenue/Center Street. Since State Road A1A is owned and maintained by the Florida Department of Transportation (FDOT), any crossings would need to meet FDOT requirements and regulations found in the FDOT Traffic Engineering Manual. It was found that at this time not all criteria for golf cart crossings were met at each proposed State Road A1A crossing. The specific criteria not met were: the maximum vehicular volume exceeded 1,500 Average Daily Trips (ADT) at the West Central Boulevard crossing; the intersection at North Atlantic Avenue is a "T" intersection, which does not permit golf cart crossings (in addition to the ADT exceeding 1,500 ADT); and the alignment of the crossing of State Road A1A on Center Street is offset, resulting in an odd crossing angle (in addition to the ADT exceeding 1,500 ADT). The Study recommends golf carts be allowed on all proposed golf cart network roadways except for: Center Street, which is not recommended due to limited connectivity; Oak Lane, which is currently a dirt road; and the north end of N. Atlantic Ave. due to the transition from residential City of Cape Canaveral City Council Workshop • February 21, 2023 Agenda Item # 1 Page 2 of 2 uses to industrial uses into Port Canaveral. Private roads in the City, such as Shorewood Drive, were not included in the Study. The Study recommends new "SHARE THE ROAD" warning signs for installation on selected streets within the allowable roadway network. The total number of new "SHARE THE ROAD SIGNS" recommended to be installed on these roadways is 21 signs. Additionally, new "NO GOLF CARTS BEYOND THIS POINT" signs are recommended to mark locations where golf carts are no longer allowed within the roadway. The signs shall be posted on approach to all intersections with the roadways identified to not be suitable for golf cart traffic. The total number of new "NO GOLF CARTS BEYOND THIS POINT" signs recommended within the Study Area is 22 signs. The Study includes several recommended "Next Steps," which include: • Establishing a registration and inspection protocol for golf carts to be able to travel within the City designated streets, per Ordinance No. 04-2022. • Installing signage as recommended to notify drivers that golf carts share certain roadways and provide signage restricting golf cart use and crossing of roadways not intended for golf cart travel. • Continued coordination with the Brevard County Sheriff's Office on enforcement of the Ordinance and Resolution, if adopted. • Establishing a communication plan to ensure that residents are aware of the network and to provide proper regulation, expectations, and notification of the requirements for golf cart operation within designated City streets. Specific communication plans for owners of vacation rentals should be developed to ensure that renters are aware of the Ordinance and regulations regarding golf cart use on City designated streets. • The need to assess registration procedures, communication methods, and enforcement on a regular basis to identify any changes that need to occur. Brevard County Sheriff's Office has had the opportunity to review the Study and recommends further coordinated discussion with Staff to establish a process for registering golf carts, enforcing the Ordinance, the installation of signage, and education about the program. Submitting Department Director: David Dickey Attachments: 1. Minutes from August 16, 2022, Regular City Council Meeting - Excerpt 2. Ordinance No. 04-2022 3. Golf Cart Study Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Review the Kimley-Horn & Associates Inc. (KHA) Traffic Study regarding the operation of golf carts on specifically designated roadways, and provide feedback to Staff for program implementation. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • August 16, 2022 Minutes • Page 7 of 9 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; and Ordinance No. 15-2022; adopting a City -initiated rezoning of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue 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 effective date, second reading: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 14-2022, at second reading. The motion carried 5-0. A motion was made by Council Member Willis, seconded by Council Member Raymond, to adopt Ordinance No. 15-2022, at second reading. The motion carried 5-0. 10a. 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, second reading: City Attorney Garganese read the title into the record. Public Hearing was opened. Rhonda Breininger, property owner, discussed support for golf carts, including regulations for licensing and insurance. Shannon Roberts, resident, advocated to have the traffic study completed before adopting the Ordinance due to safety concerns. The Public Hearing was closed. Discussion ensued and included desire for the study to be completed before adopting the Ordinance, difference between low -speed vehicles versus golf carts, golf cart safety issues on N. Atlantic Avenue, and pros and cons of enabling golf carts in the City. City Manager Morley explained the reasoning behind adopting the enabling Ordinance before for the traffic study was based upon a general concern around spending money before adoption. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to extend the meeting ten minutes. The motion carried 4-1, with Council Member Raymond voting against. City Attorney Garganese discussed the intent of adopting the Ordinance before the conducting a study. Discussion continued regarding pros and cons of the Ordinance. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to adopt Ordinance No. 04-2022, at second reading. The motion carried 3-2, with Council Members Davis and Raymond voting against. 10b. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same: Discussion ensued and included reducing the scope of the Study to, certain streets that connect with SR A1A should not be included in the Study because golf carts and low -speed vehicles will not be able to cross SR A1A, and whether limiting the scope to N. Atlantic Avenue and the Presidential Streets could reduce the price of the Study, and adding other studies at a later time. A motion was made by Mayor Pro Tem Kellum, City of Cape Canaveral, Florida City Council Regular Meeting • August 16, 2022 Minutes • Page 8 of 9 seconded by Mayor Morrison, for a limited Study to include N. Atlantic Avenue and the Presidential Streets area. Discussion ensued and included whether or not to limit the Study area, City Manager Morley's suggested limiting the study area to the western right-of-way of SR A1A towards the ocean, no further South than Holman Road, and not including Thurm or West Central Boulevards. Community and Economic Development Director Dickey suggested contacting Kimley-Horn to help narrow the scope of the Study. City Manager Morley offered to bring back a map of the intended Study area to the next meeting for Council approval. City Attorney Garganese discussed his understanding Florida Statute and Kimley-Horn's process must take into consideration of the particularities of each road. Discussion continued regarding Mayor Pro Tem Kellum restating her motion on the floor, including Central Boulevard and Center Street and coordinating with FDOT on that criteria. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to give Staff direction to spend $28,000 or Tess for a smaller - scope engineering traffic study. The motion carried 4-1, with Council Member Raymond voting against. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the meeting fifteen minutes. The motion carried 4-1, with Council Member Raymond voting against. ITEMS FOR DISCUSSION: 20. Bringing reclaimed water to Oak Lane and the north west side of N. Atlantic. (Submitted by Mayor Pro Tem Kellum): Mark James, resident of Oak Lane, discussed the possibility and support for bringing reclaimed water to Oak Lane. City Manager Morley explained the limited capacity of a recently identified 2-inch line for possible irrigation, the need for more information about the engineering of the 2-inch line, and requested Council pause the discussion until an answer can be provided regarding reclaimed service delivery lines to that area. Discussion ensued and included a potential reduction of installation cost after having found the 2-inch pipe, Mr. James favor for paving and installation regardless of the finding, and support to bring the Item back to the Budget. Council reached consensus to bring back more information regarding the engineering of reclaimed water to Oak Lane. ITEM FOR ACTION: 16. Resolution No. 2022-15; providing for the division of vacant land owned by Mike and Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9- 21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: City Manager Morley explained the Item and his recommendation to approve the Item based on compatibility. Mike DiChristopher, property owner/applicant, discussed the plan to build two single-family homes on the property. Patrick Campbell, resident, discussed opposition to the proposed Resolution and explained why the property is not compatible for a lot split. Discussion ensued and included the Notice of Hearing for September 20, 2022, delaying action until such time, and whether the Item should be placed under Public Hearing instead of Item for Action. City Attorney Garganese advised Council that placing the Item under Item for Action is not defective, but that if the Notice of Hearing is wrong, then the Item will have to be re -noticed. Discussion ensued and included whether both lots meet the criteria for R-1 zoning, taking into account additional required criteria, and Ordinance No. 11-2021 regarding Lot Splits, which Council voted 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 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 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 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 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 5 of 9 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 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 2 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, 2022. 5 [Wes Morrison] 6 Wes Morrison, Mayor 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 Page 9 of 9 SEAL of Cape Canaveral, Florida Attachment 3 Cape Canaveral Golf Cart Study Prepared for: The City of Cape Canaveral Prepared by: Kimley-Horn and Associates, Inc. January 2023 © Kimley-Horn and Associates, Inc. 101 E Silver Springs Boulevard Suite 400 Ocala, Florida 34470 352.438.3000 Kimley» Horn CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Table of Contents EXISTING GOLF CART REGULATIONS 3 STUDY AREA 4 FIELD VISIT 8 STATE ROAD A1A CROSSING LOCATIONS 10 COORDINATION WITH FDOT 11 RECOMMENDATIONS 11 NEXT STEPS 13 Exhibits EXHIBIT A: FLORIDA STATUTE 316.212 - OPERATION OF GOLF CARTS ON CERTAIN ROADWAYS 14 EXHIBIT B: CITY OF CAPE CANAVERAL CODE OF ORDINANCES - ARTICLE IV. OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS 18 EXHIBIT C: CITY OF CAPE CANAVERAL GOLF CART STUDY AREA MAP 25 EXHIBIT D: CITY OF CAPE CANAVERAL GOLF CART STUDY FUNCTIONAL CLASSIFICATIONS MAP 27 EXHIBIT E: CITY OF CAPE CANAVERAL GOLF CART STUDY AADT COUNTS MAP 29 EXHIBIT F: CITY OF CAPE CANAVERAL GOLF CART STUDY SPEED LIMITS MAP 31 EXHIBIT G: CITY OF CAPE CANAVERAL GOLF CART STUDY RECOMMENDATIONS MAP 33 EXHIBIT H: RECOMMENDED CITY OF CAPE CANAVERAL GOLF CART NETWORK MAP 35 Kimley »Horn Page 2 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Project Overview The City of Cape Canaveral has adopted an ordinance regarding operation of golf carts and low -speed vehicles on roads within the City (Ordinance 04-2022; Code of Ordinances Section 74-76 through Section 74-84). The ordinance enables the City Council to authorize the use of golf carts on city roads upon adoption of a separate resolution designating specific roads suitable for golf cart use. The City Council commissioned this study to determine whether golf cart use is suitable on city roads within the study area described in this report. This memorandum is provided to communicate Florida Statutes and regulations on usage of golf carts on public roads, to evaluate which roads are eligible, and to recommend a network of golf -cart friendly roads within the City as well as recommended signage. The evaluation and recommendations within this memorandum will be utilized by City Council to establish a Resolution identifying the roadway network designated for golf cart use within the City limits. EXISTING GOLF CART REGULATIONS Chapter 316 of Florida Statutes provides information regarding exceptions to prohibitions on usage of golf carts on public roads. Portions of the statute address usage on state roads, and other portions address county/city roads. The entire statute (316.212) is attached at the end of this memo as Exhibit A. The statute allows municipalities to designate roadways for use by golf carts. However, the statute requires the City to first determine that golf carts may safely travel on the designated roadways. The City must consider factors including speed, volume, and character of motor vehicle traffic on the roadway. The municipality must also post appropriate signage indicating that golf cart operation is allowed. The City has established an ordinance (Ordinance 04-2022) addressing operation of golf carts and low -speed vehicles on roads within the City. The ordinance outlines required equipment, licensure and registrations, and restrictions for golf cart use within the City. The full ordinance is provided as an attachment in Exhibit B, with key points summarized below: • Golf carts may only be operated by a licensed driver • Golf carts must be registered with the City and receive an inspection • Golf carts must contain specific equipment in good working order, as outlined in the ordinance • Golf carts may be operated between sunrise and sunset, unless the golf cart is equipped with additional equipment Golf carts may only be operated on roadways designated by City Council, by resolution, for use by golf carts. Golf cart use shall not be allowed on any state or county roadway, except to cross at designated intersections approved by the state or county having jurisdiction. The ordinance does not authorize golf cart use on private property. Golf carts are prohibited from operating on sidewalks, bicycle paths, swales, or trails. The evaluation and recommendations within this memorandum will be utilized by City Council to establish a roadway network to be allowed for golf cart use by resolution and per the requirements within Ordinance 04-2022. All exhibits mentioned throughout document are also located in the Exhibits section. Kimley»> Horn Page 3 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 STUDY AREA Roads in Cape Canaveral fall within three categories as defined by the FHWA functional roadway classification system - local, minor collectors, and principal arterials. Functional roadway classification is the process of grouping streets and highways into classes based on the character of service they provide (FDOT). The study area includes what is known as the "Presidential Streets" from Washington Avenue to Grant Avenue. State Road A1A/Astronaut Boulevard separates the east network from the west network which includes W Central Boulevard, Thurm Boulevard, and Center Street. Speed limits vary between 20 mph and 45 mph. Local roads like the "Presidential Streets" have a posted speed limit of 20 mph while posted speeds on State Road A1A transition from 45 mph to 40 mph once approaching the Presidential Streets from the north. According to FDOT's Annual Average Daily Traffic 2019 and 2020 data, the highest volume of traffic is near the intersection of Washington Avenue and N Atlantic Avenue. As expected, higher volumes are along State Road A1A due to its classification as a principal arterial when compared to the local streets. Cape Canaveral Golf Cart Study Area Map The City originally proposed a golf cart network with three connections or crossings for golf carts across State Road A1A as shown in Exhibit C. Each crossing location was considered individually to determine whether it is appropriate and what traffic control devices are needed prior to allowing the crossings. State Road A1A is owned and maintained by FDOT, and any crossings would need to meet FDOT requirements and regulations, which are discussed later in this memorandum. Legend Golf Cart Roadway Network - Proposed Connection ▪ Parks ▪ City Hall Beach Access * Point of Interest 0 0.25 0.5 Miles I I N ATLANTIC AV CANAVERAL CITY PARK CITY OF CAPE CANAVERAL COMMUNITY CENTER WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV VETERANS PARK/LIBRARY CENTER ST POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Exhibit C Kimley>> Horn Source: Google Maps Page 4 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 The local roadways within the study area serve local traffic only, have low volumes representative of local traffic, and have low posted and operating speeds. The character of traffic on the local roadways consists of primarily residential local traffic, including pedestrians and bicyclists utilizing the roadway. The local roadways in the City do not have designated bicycle lanes. N ATLANTIC AV Cape Canaveral Golf Cart Functional Classification Map Exhibit D illustrates the of roadways within the study area. Banana River Legend Principal Arterial Minor Collector - Local - Proposed Connection CENTER ST 0 0.25 0.5 Miles Source: FDOT OAK LN CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV GRANT AV Atlantic Ocean Exhibit D Kimley>> Horn Page 5 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Cape Canaveral Golf Cart AADT Counts Map 0 Legend - Golf Cart Roadway Network - Proposed Connection • AADT 2018 O AADT 2019 • AADT 2020 O AADT 2022 0 0.25 0.5 Miles N ATLANTIC AV 4,865 OAK LN 3,815 •20,062 CENTER ST 3,048 Ros LT ° q<i A 6,845 1,210 0500 25,165 880 • 810 CAROLINE ST WASHINGTON AV JEFFERSON AV 410 MONROE AV HARRISON AV 320 POLK AV 2,033 FILLMORE AV • 350 410 • BUCHANAN AV 2,870 •160 2,950 GRANT AV Atlantic Ocean Exhibit E Source: FDOT, National Data & Surveying Services Exhibit E illustrates the existing daily traffic volumes on roadways within the study area. Annual Average Daily Traffic (AADT) counts are the mean traffic volumes across all days for a year for locations along a roadways (FHWA). Kimley>> Horn Page 6 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Cape Canaveral Golf Cart Speed Limits Map Exhibit F illustrtates the posted speed limit of the roadways within the study area. Legend Speed Limit 20 25 40 45 0 0.25 0.5 Miles Source: FDOT, City of Cape Canaveral N ATLANTIC AV CENTER ST OAK LN WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Exhibit F Kimley>> Horn Page 7 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 FIELD VISIT A field visit was conducted on December 9th, 2022. Each roadway within the study area was driven and assessed for the appropriateness of golf cart travel. The posted speed limit of each roadway was documented. There are three roadways located west of State Road A1A that were included in the study: Central Boulevard, Thurm Boulevard, and Center Street. All three of these streets were observed to be low -speed, low - volume, primarily residential streets. As is typical with local residential streets, bicyclists and pedestrians were observed sharing the roadway with automobiles. The Presidential Streets area east of State Road A1A is characterized by predominately local residential traffic. There are civic and recreational destinations located within the street network that are frequented by local residents. Any commercial uses in the Presidential Streets are located adjacent to State Road A1A. The streets within the Presidential Streets area were observed to be low -speed, low -volume, and characterized by local traffic. As is typical with local residential streets, bicyclists and pedestrians were observed sharing the roadway with automobiles. I Ridgewood Avenue and Chandler Street Ridgewood Avenue has a functional classification of Minor Collector. The volume of traffic on Ridgewood Avenue was higher than that of the Presidential Streets, but still considered relatively low. The character of traffic is predominately for local trips within the Presidential Streets area. The posted speed limit is 25 mph, which is considered to be low speed and within the allowable range for golf cart use. There are sidewalks and multi -use paths along Ridgewood Avenue and multiple pedestrian crossings for access to the beach. Pedestrians and bicyclists were observed using the sidewalks and multi -use path, as well as crossing Ridgewood Avenue. Kimley>> Horn Page 8 Central Boulevard has a functional classification of Minor Collector. It is a two- lane divided roadway, with a landscaped median separating the two directions of traffic. The posted speed limit is 25 mph, which is considered to be low speed and within the allowable range for golf cart use. The volume of traffic is higher than the local Presidential Streets, but still considered to be relatively low. The character of traffic is predominately for travel between the local streets and is still considered to be local in nature. Center Street Park North Atlantic Avenue has a functional classification of Minor Collector. It has a higher volume of traffic that is more characterized by local collector travel between destinations. The posted speed limit is 25 mph, which is considered to be low speed and within the allowable range for golf cart use. There are several traffic signals along North Atlantic Avenue. There is a sidewalk and shared - use path along the roadway that is utilized by bicyclists and pedestrians. One golf cart was observed on North Atlantic Avenue during the field review. Ridgewood Avenue Oak Lane is currently an unpaved dirt roadway that is not appropriate for golf cart use in its current condition. The City has plans to pave Oak Lane and the roadway could be reconsidered for golf cart use at the time of this improvement. Kimley>>>Horn Page 9 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 STATE ROAD MA CROSSING LOCATIONS State Road A1A is owned and maintained by FDOT. The FDOT Traffic Engineering Manual, Section 5.1, outlines criteria and guidelines for authorizing golf carts on or crossing the State Highway System. The following locations were evaluated to determine feasibility for a proposed golf cart crossing based on FDOT criteria. Each of the crossings is at a signalized intersection. W Central Boulevard and State Road A1A North Atlantic Avenue Center Street and State Road Al A and State Road A1A Per the FDOT Traffic Engineering Manual, for golf carts crossing at signalized intersections, they must meet specific criteria: Side street maximum vehicular volume 1,500 ADT and AM/PM Peak Hour not to exceed 200 vehicles per hour single directions. Side street posted speed limit or 85th percentile intersection approach speed is 35 miles per hour or less. Maximum crossing distance equal to five (5) lanes or less not including any right turn lanes, bike lanes, and sidewalks. Side street approaches should have a least one (1) exclusive left turn lane and at least one (1) exclusive through or shared through -right turn lane. Other lane approach configurations will be considered on case -by -case basis. Side street intersection alignment shall be a 90 degrees (not more than 105 degrees) angle to the mainline tangent. Skewed or offset intersections are not recommended for golf cart crossings. Golf carts shall not use pedestrian crosswalks or sidewalk ramps for the purpose of crossing the mainline state road. Golf cart crossings are not permitted at "T" intersections. For existing signalized "T" intersections, a proposed forth leg approach and receiving lane for the exclusive use of golf cart crossing shall not be permitted. Approach traffic control signs and pavement markings shall be in accordance with MUTCD and Department's Standard Plans, Index No. 711-001. Golf Cart signs (W11-11) should be placed on the side street approach. The traffic volumes on Central Boulevard exceed those specified within the FDOT criteria, and therefore would not meet the requirements for allowing a golf cart crossing at State Road A1A. Kimley »Horn Page 10 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 The other FDOT criteria are met for a crossing at this location. The intersection of North Atlantic Avenue at State Road A1A is currently a T-intersection, and therefore would not meet the requirements for allowing a golf cart crossing. FDOT has discussed a re -alignment of the roadway on the west side of State Road Al A to create a full 4-way intersection in the future. The traffic volumes on North Atlantic Avenue exceed those specified within the FDOT criteria, so it is not expected that golf cart crossing would be allowed at this location even if the intersection were improved to a 4-way intersection. The other FDOT criteria are met for a crossing at this location. The intersection of Center Street at State Road Al A has an offset that is not recommended for a golf cart crossing. COORDINATION WITH FDOT Although it was determined that none of the proposed golf cart connections across State Road A1A meet the FDOT guidelines, a coordination meeting was held on January 10, 2023 to discuss the feasibility of golf cart crossings in the future and provide input on the golf cart study for future consideration of projects by FDOT along State Road A1A. RECOMMENDATIONS Based on the factors and requirements set forth in Section 316.212, Florida Statutes, it is recommended golf carts be allowed on all proposed golf cart network roadways except for: • Center Street west of State Road A1A, which golf carts can be permitted but not recommended due to limited connectivity • Oak Lake as it is currently a dirt road • North end of N Atlantic Avenue due to the change in context A map of the recommended golf cart network is displayed in Exhibit G. Additionally, it is recommended that the City update its ordinance to document which roads are part of the golf cart network (and conversely which roads are not). The three proposed connections across State Road A1A do not meet FDOT guidelines for a golf cart crossing for the following reasons for each connection displayed in Exhibit G. A A A W Central Boulevard and State Road A1A • Side street maximum vehicular volume exceeds 1,500 ADT North Atlantic Avenue and State Road A1A • Side street maximum vehicular volume exceeds 1,500 ADT • Golf cart crossings are not permitted at "T" intersections • For existing signalized "T" intersections, a proposed forth leg approach and receiving lane for the exclusive use of golf cart crossing shall not be permitted Center Street and State Road A1A • Side street maximum vehicular volume exceeds 1,500 ADT • Golf cart crossings are not recommended at offset intersections Kimley»> Horn Page 11 SHARE THE ROAD NO CARTS BEYOND THIS POINT CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 N ATLANTIC AV Cape Canaveral Golf Cart Recommendations Map OAK LN W. CENTRAL BLVD CENTER STREET Banana River Legend Recommendations for Golf Cart Network Golf Carts Allowed Golf Carts Allowed but Not Recommended Golf Carts Not Allowed Sign Locations O Golf Carts Share the Road O No Golf Carts Beyond This Point 0 0.25 0.5 Miles CENTER ST CANAVERAL BLVD CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Exhibit G Source: City of Cape Canaveral New "SHARE THE ROAD" warning signs (MUTCD sign W11-11 with W16-1 P) are recommended for installation on selected streets within the allowable roadway network. The signs are intended to notify motorists on these main roadways that golf carts share the travel lane. The total number of new "SHARE THE ROAD" signs recommended to be installed on these roadways is 21 signs. New "NO CARTS BEYOND THIS POINT" signs shall be installed to mark locations where golf carts are no longer allowed within the roadway. The signs shall be posted on approach to all intersections with roadways identified to not be suitable for golf cart traffic, as illustrated in Exhibit G. Golf carts shall not be allowed to cross or enter State Road A1A without FDOT approval. Roadways that are designated for golf cart use that intersect State Road A1A shall have signs designating "NO CARTS BEYOND THIS POINT," and should be placed away from the intersection of State Road A1A at a location that will allow for golf carts to use a driveway or local roadway designated appropriate for golf cart use to turn around, prior to reaching the state roadway. The total number of "NO CARTS BEYOND THIS POINT" signs recommended within the study area is 22 signs. The signs would have to be installed as standalone signs with new posts. Exhibit G illustrates the recommended road network for golf cart use and recommended sign installation. Kimley»> Horn Page 12 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 NEXT STEPS N ATLANTIC AV Recommended Cape Canaveral Golf Cart Map The City will need to adopt a resolution with a map of the proposed Golf Cart Network as shown in Exhibit H. The City will need to establish a registration and inspection protocol for golf carts to be able to travel within the City designated streets, per Ordinance 04-2022. The City should install signage as recommended to notify drivers that golf carts share certain roadways and provide signage restricting golf cart use and crossing of roadways not intended for golf cart travel. The City should continue to coordinate with the Brevard County Sheriff's Office on enforcement of the Ordinance and Resolution once adopted. Banana River Legend Golf Carts Allowed 0 0.25 0.5 Miles Source: City of Cape Canaveral OAK LN CENTER ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Exhibit H A communication plan should be established to ensure that residents are aware of the network and to provide proper regulation, expectations, and notification of the requirements for golf cart operation within designated City streets. Specific communication plans for owners of vacation rentals should be developed to ensure that renters are aware of the Ordinance and regulations regarding golf cart use on City designated streets. The City should assess registration procedures, communication methods, and enforcement on a regular basis to identify any changes that need to occur. Kimley>>>Horn Page 13 EXHIBIT A Florida Statute 316.212 - Operation of Golf Carts on Certain Roadways 316.212 Operation of golf carts on certain roadways. —The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, a municipal street that has been designated by a municipality, or a two-lane county road located within the jurisdiction of a municipality designated by that municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Notwithstanding any other provision of this section, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour or less. (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (6) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (7) A golf cart may not be operated on public roads or streets by any person under the age of 14. (8) A local governmental entity may enact an ordinance relating to: (a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver. (b) Golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if: 1. The local governmental entity determines, after considering the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share the sidewalk; 2. The local governmental entity consults with the Department of Transportation before adopting the ordinance; 3. The ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at least 8 feet wide; 4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6). However, the ordinance may require additional equipment, including horns or other warning devices required by s. 316.271; and 5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks. (9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)-(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a local ordinance corresponding thereto and enacted pursuant to subsection (8). History.—s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s. 6, ch. 2005-164; s. 3, ch. 2008-98; s. 46, ch. 2010-223; s. 2, ch. 2015-163. EXHIBIT B City of Cape Canaveral Code of Ordinances - Article IV. Operation of Golf Carts and Low -Speed Vehicles on Roads City of Cape Canaveral Code of Ordinances Chapter 74 — TRAFFIC AND VEHICLES ARTICLE IV. OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS Sec. 74-76. Intent; definitions. (a) The city council recognizes that "golf carts" and "low -speed vehicles" are each distinctly defined and their operation on roads and streets are regulated differently under Florida law. Accordingly, pursuant to F.S. § 316.212, it is the intent of the city council to allow and authorize the operation of golf carts only under certain requirements and conditions provided the city council, by resolution, specifically designates a city road and street for use by golf carts. It is also the intent of this article to recognize that low -speed vehicles are allowed on city streets and roads as permitted by F.S. § 316.2122, unless otherwise prohibited by the city council, by resolution, upon a determination that such prohibition is necessary in the interest of safety. (b) For purposes of this article, the following words and phrases shall have the following ascribed meaning: (i) "Golf cart" shall be as defined in F.S. § 320.01(22), and means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. (ii) "Designated roadways" means those roads identified by the city council, by resolution, as being safe for operation of golf carts considering factors including speed, volume, and character of motor vehicle traffic using said road in accordance with all requirements for operation set forth in this article. (iii) "Driver's license" means a valid license issued to operate a motor vehicle issued by the State of Florida or any other state. (iv) "Inspection" shall mean a safety evaluation of each registered golf cart for purposes of confirming that the golf cart meets the minimum requirements of this article performed by the by the city department or sheriff's office as designated by the city manager. (v) "Low -speed vehicle" means any four -wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low -speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and F.S. § 316.2122. For purposes of this article, "golf carts" as defined in F.S. § 320.01(22) or "speed modified golf carts" shall not be considered "low -speed vehicles" and shall be subject to the specific rules and regulations governing golf carts adopted under this article. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-77. Use of golf carts on designated roadways. (a) It shall be unlawful for a person to operate a golf cart on any road or street within the City of Cape Canaveral jurisdictional limits except upon designated roadways expressly authorized by the city council. It shall also be unlawful to operate a golf cart in violation of any provision set forth in this article. (b) The city council may, by resolution, designate a city street or road suitable and safe for golf cart use after considering factors including speed, volume, and character of motor vehicle traffic using said street or road in accordance with all requirements for operation set forth in this article. (c) Upon designation by the city council, by resolution, golf carts may be operated on such designated roadway within the city limits of the City of Cape Canaveral where the roadway is posted by the city with appropriate signage to indicate that such operation is allowed. (d) Golf cart use may only be authorized on roadways with a posted speed limit of 30 miles per hour or less. Golf carts shall not be operated on any roadway where the designated speed limit is greater than 30 miles per hour. (e) Golf cart use shall not be allowed on any state or county roadway, except to cross at designated intersections approved by the state or county with jurisdiction over the roadway in accordance with applicable law for the purpose of immediately reaching the next designated roadway. If a crossing is designated on any state or county road or street, it shall be unlawful for a golf cart to cross the state or county road at any other location. This article does not authorize the use of golf carts on private property. Golf carts shall not be operated on private property unless authorized by the property owner. Golf carts shall not be operated on sidewalks, bicycle paths, swales, or trails. (f) (g) ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-78. Licensed use; revocable; claims prohibited and waived. (a) The operation of a golf cart on a roadway designated by the city or a low -speed vehicle on a road not prohibited by the city shall be deemed to be a license to use those roadways and such license shall be revocable by the city council in its legislative capacity based upon its consideration of the public health, safety and welfare of the public arising from such use. (b) The authorization to use golf carts on any designated roadway shall not limit or otherwise prohibit the city council from amending or repealing of this article or any resolution adopted in furtherance thereof; contracting or expanding the number of designated roadways on which golf carts can be operated; or designating the crossing points for state or county roads, as may be approved by the state or county. Further, the lack of a prohibition to use low -speed vehicles on roadways shall not prohibit the same by city council relative to low -speed vehicles. All persons operating golf carts or low -speed vehicles on city streets or roads, whether designated or prohibited roadways or not, do so on the condition that there shall be no claim for monetary loss or other claim for the loss of allowed golf cart or low - speed vehicle operation on such streets or roads or any monetary claim therefore based on a claim for action in reliance on the provisions of this article. The city council retains the unlimited legal authority to revoke, amend or to otherwise legislate as to the operation of golf carts or low -speed vehicles on streets without liability of any kind arising from its legislative decisions. (c) Any person operating a golf cart or low -speed vehicle enjoying a license hereunder for such purpose and all persons who are passengers in such golf cart or low - speed vehicle shall be deemed to have waived any claim against the city for its legislative decision to allow the operation of such golf carts on designated city streets or low -speed vehicles on streets in compliance with this article, and this article is declared by the city council to be a legislative act of the city pursuant to the authority granted by Florida Statutes. (d) Any person operating a golf cart or low -speed vehicle on any road or street within the City of Cape Canaveral does so at their own risk and must operate such a vehicle with due regard for the safety and convenience of other motor vehicles, bicyclist(s) and pedestrians. The city, in extending operating privileges to golf carts or low -speed vehicles, does so on the express condition that the operator undertakes such operation at their own risk and assumes sole responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and hold harmless the City of Cape Canaveral, its officials, attorneys and employees from any and all claims, demands, damages, or causes of action, known or unknown, of any nature arising from such operation by any person against the City of Cape Canaveral and its officials, attorneys and employees. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-79. Restrictions. Golf carts operating on designated roadways shall be subject to the following restrictions: (a) Hours of operation. Golf carts may be operated on designated roadways only during the hours between sunrise and sunset. However, the operation of golf carts on designated roadways between sunset and sunrise is allowed as long as the golf carts operating during this time are equipped with headlights, brake lights, turn signals, and a windshield in addition to the other equipment required under section 74-80. Such lights must be on when the golf cart is operating on streets and roads between sunset and sunrise. (b) Licensed driver. Golf carts operating on designated roadways must be operated by a person who is at least 16 years of age, and who possesses a valid driver's license. Persons who possess a valid learner's permit may operate a golf cart on designated roadways when accompanied by a licensed driver of at least 18 years of age. No person may operate a golf cart on city streets and roads who has a suspended driver's license or whose driver's license has been revoked. (c) Maximum speed. Golf carts operating on designated roadways shall not exceed 20 miles per hour. (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all applicable local and state traffic regulations. Golf carts shall not be operated at such a slow speed as to impede, obstruct or block the normal or reasonable movement of traffic, except when reduced speed is necessary for safe operation or compliance with law. Golf carts shall stay to the far right of any designated roadway, and shall yield the right-of-way to overtaking drivers. (e) Parking. Golf carts shall comply with all applicable parking regulations in the same manner as any other motor vehicle. Occupants. The number of occupants in a golf cart operated on designated roadways shall be limited to the number of seats on the golf cart provided by the golf cart manufacturer. No occupants of a golf cart shall stand at any time while the golf cart is in motion. Alcohol. All state regulations governing the use and possession of alcoholic beverages while operating a motor vehicle shall apply to the operation of golf carts on designated roadways. ( Ord. No. 04-2022 , § 2, 8-16-22) (f) (g) Sec. 74-80. Required minimum equipment. All golf carts operated on designated roadways shall maintain the following minimum equipment in good working order: (a) Efficient brakes; (b) Reliable steering apparatus; (c) Safe tires; (d) Rearview mirrors; (e) Red reflectorized warning devices, both in the front and the rear; (f) Headlights if operated between sunset and sunrise; (g) Brake lights if operated between sunset and sunrise; (h) Turn signal if operated between sunset and sunrise; and (i) Horn meeting the standards of F.S. § 316.271. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-81. Inspection and registration of golf carts required. All golf carts operating on designated roadways in the City of Cape Canaveral shall be registered and inspected in a manner administratively determined by the city manager as follows: (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by the city. The owner shall pay an annual registration fee established by resolution of the city council, and shall be issued a registration decal which shall be affixed to the back driver's side of the golf cart in a location easily visible to law enforcement. Decals shall be issued annually, and are valid for one year. (b) Prior to issuance of a registration decal, golf cart owners shall be required to provide proof of ownership and liability insurance, a valid driver's license and sign an affidavit of compliance. The insurance and license must remain in full force and effect at all times the golf cart is operated on city streets or roads. (c) At the time of registration, the city shall inspect the golf cart to verify road worthiness and to ensure the required equipment is installed and working properly. (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A police report shall be filed in the event of a lost or stolen decal. The police chief or the police chief's designee shall have the discretion to determine whether a replacement decal may be issued. If no existing registration information is available, the police chief may direct the golf cart owner to reapply and to repay any required fees prior to a replacement decal being issued. (e) No registration is required for golf carts which are not operated on city streets or roads. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-82. Insurance required. All golf cart owners are required to purchase and maintain liability insurance insuring against personal injury and property damage. Minimum required insurance shall be the same as for motor vehicles registered in the State of Florida for personal use and as designated by Florida Statutes. Proof of insurance must be presented at time of golf cart registration, and must be possessed at all times by the golf cart operator while operating the golf cart on designated roadways. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-83. Low -speed vehicles. (a) Authorization to operate low -speed vehicles. Low -speed vehicles may be operated within the city limits where the posted speed limit is 35 miles per hour or less. Pursuant to F.S. § 316.2122(1), this does not prohibit a low -speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. However, the city council may in its legislative discretion, by resolution, prohibit the operation of low -speed vehicles on any city street or road under its jurisdiction if the city council determines that such prohibition is necessary in the interest of safety. (b) Equipment and minimum standards. According to the requirements set forth in F.S. § 316.2122, a low -speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts and vehicle identification numbers. A low -speed vehicle must be registered and insured in accordance with F.S. § 320.02. Any person operating a low -speed vehicle must have in his or her possession a valid driver's license. (c) Hours of operation. Low -speed vehicles may be operated at any time. (d) Compliance with traffic laws. Low -speed vehicles shall comply with all local and state traffic laws, and may be ticketed for traffic violations in the same manner as motor vehicles. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-84. Enforcement. A violation of this article shall constitute a non -criminal infraction enforceable pursuant to the provisions of F.S. § 316.212(9), and city ordinances by a law enforcement officer or city code enforcement officer as such officer's legal authority and jurisdiction allows. In addition, other avenues for the enforcement of violations of this article may be enforced by city code enforcement officers as a code violation pursuant to chapter 2, Article VI, Code Enforcement of the City Code. The Uniform Traffic Citations shall only be used for violations that are also violations of the Florida Uniform Traffic Control Law. ( Ord. No. 04-2022 , § 2, 8-16-22) EXHIBIT C City of Cape Canaveral Golf Cart Study Area Map Cape Canaveral Golf Cart Study Area Map BANANA RIVER PARK THURM BLVD MANATEE SANCTUARY PARK Banana River Legend Golf Cart Roadway Network - Proposed Connection ▪ Parks ▪ City Hall Beach Access * Point of Interest 0 0.25 0.5 Miles N ATLANTIC AV OAK LN CENTER ST CENTRAL BLVD CANAVERAL BLVD CANAVERAL CITY PARK CITY OF CAPE CANAVERAL COMMUNITY CENTER VETERANS PARK / LIBRARY CIVIC HUB CITY HALL AND CAPE CENTER CAPEVIEW ELEMENTARY SCHOOL CAROLINE ST CAPE VIEW ELEMENTARY SCHOOL CHERIE DOWN PARK WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: Google Maps EXHIBIT D City of Cape Canaveral Golf Cart Study Functional Classifications Map N ATLANTIC AV Cape Canaveral Golf Cart Functional Classification Map Banana River Legend Principal Arterial Minor Collector - Local - Proposed Connection 0 0.25 0.5 Miles OAK LN E CENTRAL BLVD CANAVERAL BLVD CENTER ST CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: FDOT EXHIBIT E City of Cape Canaveral Golf Cart Study AADT Counts Map N Cape Canaveral Golf Cart AADT Counts Map Banana River Legend Golf Cart Roadway Network Proposed Connection • AADT 2018 O AADT 2019 O AADT 2020 O AADT 2022 0 0.25 0.5 Miles N ATLANTIC AV 4,865 OAK LN CENTRAL BLVD 3,815 • 6,645 •20,062 CANAVEAL BLVD 7,415 25,185 CENTER ST 656 CAROLINE ST 870 1,210 500 880 810 410 320 WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV 2,033 FILLMORE AV BUCHANAN AV 350 2,870 410 160 2,950 GRANT AV Atlantic Ocean Source: FDOT, National Data & Surveying Services EXHIBIT F City of Cape Canaveral Golf Cart Study Speed Limits Map N Cape Canaveral Golf Cart Speed Limits Map Banana River Legend Speed Limit 20 25 40 45 0 0.25 0.5 Miles N ATLANTIC AV OAK LN CANAVERAL BLVD CENTER ST CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: FDOT, City of Cape Canaveral EXHIBIT G City of Cape Canaveral Golf Cart Study Recommendations Map N N ATLANTIC AV Cape Canaveral Golf Cart Recommendations Map Banana River Legend Recommendations for Golf Cart Network Golf Carts Allowed Golf Carts Allowed but Not Recommended Golf Carts Not Allowed Sign Locations O Golf Carts Share the Road O No Golf Carts Beyond This Point 0 0.25 0.5 Miles OAK LN O CENTER ST CENTRAL BLVD CANAVERAL BLVD 0 CAROLINE ST oc) WASHINGTON AV JEFFERSON AV 0 0 MONROE AV HARRISON AV 0 0 0 0 POLK AV 0 0 0 FILLMORE AV BUCHANAN AV 0 GRANT AV Atlantic Ocean 0 Source: City of Cape Canaveral EXHIBIT H Recommended City of Cape Canaveral Golf Cart Network Map N N ATLANTIC AV Recommended Cape Canaveral Golf Cart Map Banana River Legend Golf Carts Allowed 0 0.25 0.5 Miles OAK LN CANAVERAL BLVD CENTER ST CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: City of Cape Canaveral