MEMO TO:
FROM: Frank
A. Rush, Jr., Town Manager
SUBJECT: Ordinance Amending Chapter 11 – Motor Vehicles and Traffic – Regarding Operation of Permitted Golf Carts at Night
The Board of Commissioners is scheduled to consider the attached ordinance amendment that would allow Town-permitted golf carts to be operated at night on public streets.
The Board of Commissioners adopted an ordinance establishing a local golf cart program to allow the operation of golf carts on public streets in October 2010, and the Town implemented the program in January 2010. The program has been well-received by our residents, property owners, and visitors, and there have been few problems associated with the local golf cart program. To date, approximately 175 golf carts have been registered with the Town.
The Town’s current golf cart ordinance was adopted with a clear emphasis on safety, and outlines several “registration and permit requirements” and “standards of operation”. In order to secure a Town golf cart permit, a golf cart is required to be equipped with front headlights, rear tail lights, brake lights, turn signals, side reflectors, and other safety equipment. The Town’s current golf cart ordinance only allows registered golf carts to be operated from ½ hour before sunrise to ½ hour after sunset, thus driving at night is prohibited.
The Town has received recent requests to allow the operation of golf carts on public streets at night, and these requests often cite the Town’s requirements for headlights, tail lights, and other safety features that are likely adequate to address any safety concerns associated with operating golf carts at night. I have discussed this potential ordinance amendment with the Police Department and also reviewed golf-cart related citations since the inception of the local golf cart program. We do not foresee any problems allowing golf carts to operate at night, provided that the golf cart and operator complies with all other “registration and permit requirements” and “standards of operation”.
The attached ordinance amendment is very simple, and simply deletes the current prohibition on operating a golf cart between ½ hour after sunset and ½ hour before sunrise.
I look forward to discussing the attached ordinance with the Board at the May 8 meeting.
ORDINANCE AMENDING
CHAPTER 11 – MOTOR VEHICLES
OF THE CODE OF
ORDINANCES REGARDING OPERATION
OF PERMITTED
WHEREAS, the Board of Commissioners adopted an ordinance allowing the operation of golf carts on public streets in October 2010, and a local golf cart program was implemented in January 2011, and
WHEREAS, the Towns’ current ordinance includes certain “registration and permit requirements”, including a requirement that golf carts be equipped with front headlights, rear tail lights with brake lights and turn signals, and side reflectors, among other safety features, and
WHEREAS, the “standards of operation” in the current ordinance specifically prohibit golf carts from being operated on public streets after ½ hour following sunset and before ½ hour prior to sunrise (during the night), and
WHEREAS, the local golf cart program has been well-received by our residents, property owners, and visitors, and there have been few problems associated with the local golf cart program, and
WHEREAS, the Town has received requests to expand the local golf cart program to allow operation of golf carts at night, and
WHEREAS, the Board of Commissioners believes that other safety-related requirements included in the Town ordinance adequately address safety concerns associated with driving a golf cart at night,
1. Chapter 11 - “Motor Vehicles
and Traffic”, Article
CHAPTER 11.
MOTOR VEHICLES
ARTICLE
Section 11-204. Standards of
operation.
It is unlawful to operate a golf
cart on a public street, road, or highway within the town unless the following
requirements are met:
(1) A golf cart must display a valid town-issued golf cart license plate and annual registration decal.
(2) A golf cart may be operated on all
public streets and roads in the town, with the exception of the entire length
of NC 58 (
(3) No person may operate a golf cart unless
that person is at least eighteen (18) years of age and is licensed to drive
upon the streets, roads, and highways of the state and then, only in accordance
with such driver's license. An operator of a golf cart must be a licensed
driver as required by the laws of their home state. The operator must have the
valid driver license in his/her possession while operating the golf cart. The
operator must be a resident, property owner, authorized guest, or tenant of
property with a physical address in the town.
(4) The driver and passengers must be
properly seated while the golf cart is in motion, with seat belts properly
fastened, and may not be transported in a negligent manner. The seating
capacity with seat belts shall not be exceeded.
(5) No golf cart may be operated at a speed
greater than reasonable and prudent for the existing conditions, and in no
instance at a speed greater than twenty (20) miles per hour.
(6) No golf cart may be operated in a
careless or reckless manner.
(7) Golf carts must be operated in
accordance with all applicable state and local traffic laws and ordinances,
including all laws, regulations and ordinances pertaining to the possession and
consumption of alcoholic beverages.
(8) Golf carts are subject to the same
parking regulations as traditional motor vehicles, and may only be parked in
the same manner and in the same places designated for the parking of
traditional motor vehicles.
(9) Golf carts are permitted to park in
specially designated "golf-cart-only" parking spaces as may be
provided by the town in various locations.
(10) Golf carts may only park in handicapped
parking spaces if the driver has a valid handicapped placard or sticker and the
same is clearly posted or displayed in the golf cart.
(11) Golf carts may not be operated on any
sidewalk, multi-use path, or designated bicycle path, except for golf carts
operated by governmental or public service agencies for official purposes.
(12) No golf cart may be operated on town
streets or roads between one-half (½) hour after sunset and one-half (½) hour
before sunrise.
(12) (13) Golf carts may not be used for the purpose
of towing another cart, trailer or vehicle of any kind, including a person on
roller skates, skateboard, or bicycle.
(13) (14) The possession of open containers of
alcohol and/or consumption of alcohol by the driver and/or passengers of a golf
cart is prohibited.
(14) (15) The operator of a golf cart shall yield
the right-of-way to traditional motor vehicles.
2. The Town Clerk is authorized to amend the
sections as set forth above.
3.
This ordinance shall become effective upon
adoption. If any section, sentence,
clause or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this
ordinance.
Adopted this the _________ day of ____________________, 2012, by
a vote of
Commissioner(s)
________________________________________________voting for,
Commissioner(s) ________________________________________________
voting against, and
Commissioner(s) _________________________________________
absent.
______________________________
ATTEST:
_____________________________