HomeMy WebLinkAboutcocc_resolution_no_2023-03_20230321RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A GOLF
CART LOCAL CITY ROAD NETWORK MAP WITHIN THE
JURISDICTIONAL LIMITS OF THE CITY OF CAPE CANAVERAL;
AUTHORIZING THE PURCHASE AND INSTALLATION OF
APPROPRIATE SIGNAGE ALONG SAID LOCAL STREET
NETWORK; INCORPORATING THE GOLF CART NETWORK MAP
INTO CHAPTER 74, ARTICLE IV OF THE CITY CODE; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the. City is granted authority, under Section 2(b), Article VIII, of the State
Constitution, and §§ 166.221; 316.212; 316.2122, Florida Statutes to authorize the operation of
golf carts and regulate such operation within its jurisdictional limits; and
WHEREAS, the operation of golf carts upon public roads is ordinarily prohibited on such
roads unless otherwise authorized by the agency with jurisdiction over such roads including
authorized by a city on city streets; county on county roads; and State of Florida on state highways
pursuant to § 316.212, Florida Statutes; and
WHEREAS, the City Council recently adopted Ordinance No. 04-2022 establishing golf
cart and low speed vehicle regulations within the jurisdictional limits of the City of Cape Canaveral
and said Ordinance was codified in Chapter 74, Article IV of the City Code; and
WHEREAS, following the adoption of the Ordinance No. 04-2022, the City Council
commissioned a Golf Cart Study to determine whether golf cart use is suitable on local city roads
within a certain geographical study area within the jurisdictional limits of the City and if suitable,
to identify the specific local roads on which golf carts may travel; and
WHEREAS, the Golf Cart Study was performed and published by Kimley-Horn and
Associates, Inc. in January 2023 ("Study") and presented to and approved by the City Council at a
public meeting on February 21, 2023; and
WHEREAS, the Study recommended a Cape Canaveral Golf Cart Network Map identifying
the local roads on which golf carts may travel upon adoption of a resolution by the City Council;
and
WHEREAS, the City Council hereby desires to adopt a Golf Cart Network Map authorizing
the use of golf carts on the local roads identified on the Map subject to the terms and conditions
of Chapter 74, Article IV of the City Code; and
City of Cape Canaveral
Resolution 2023-03
Page 1 of 3
WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that the use
of golf carts in certain areas may be a safe, economical form of transportation which can reduce
traffic congestion and gasoline consumption; and
WHEREAS, the City Council hereby finds that this Resolution provides for alternative forms
of electric vehicle transportation that is in the best interests of the public health, safety and welfare
of the citizens.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. Approval of Local Golf Cart Network Map. The City Council of the City of Cape
Canaveral hereby approves the Golf Cart Network Map, as attached hereto and incorporated
herein by reference as Exhibit "A". (adding to the Code). Golf cart use is hereby authorized on the local roads
recommended in the Study and depicted on the Map. Said local roads are hereby considered
"designated roadways" pursuant to Section 74-76 (b)(ii) of the City Code.
Section 3. Authorization to Purchase and Install Signage. The City Council of the City of
Cape Canaveral hereby authorizes the City Manager and his designees to promptly purchase and
install appropriate roadway signage, as recommended in the Golf Cart Study and required by
Section 316.212(1), Florida Statutes, authorizing and limiting the use of golf carts on the local
roads identified in the Study. Nothing herein shall be interpreted as authorizing and allowing golf
cart use on any other local roads not identified for such use on the Golf Cart Network Map
approved in Section 2 herein or on any other roads requiring approval by a private property
owner, Brevard County, Port Canaveral, or the State of Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Incorporation into the Code. The Golf Cart Network Map adopted pursuant to
Section 2 of this Resolution shall be incorporated into Chapter 74, Article IV of the Cape Canaveral
City Code as Figure 1 (adding to the Code) and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this resolution and the City Code may be freely made.
City of Cape Canaveral
Resolution 2023-03
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Section 7. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 21st
day of March 2023.
(Signature)
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis X
Mickie Kellum Motion
Wes Morrison X
Angela Raymond X
Don Willis Second
ATTEST:
(Signature)
Mia Goforth, CMC, City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
(Signature)
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2023-03
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SEAL OF CAPE CANAVERAL, FLORIDA
Resolution No. 2023-03
Exhibit "A"
Cape Canaveral Golf Cart Authorized Streets Map
Legend
Recommendations for Golf Cart Network
Golf Carts Allowed
Golf Carts Allowed but Not Recommended
Golf Carts Not Allowed
Sign Locations
Golf Carts Share the Road
No Golf Carts Beyond This Point
Source: City of Cape Canaveral