Golf Cart Ordinance

oldsmar golf cart ordinance, what you need to know

ORDINANCE 2020-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OLDSMAR AMENDING ARTICLE IV - USE OF GOLF CARTS UPON DESIGNATED CITY STREETS OF CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF OLDSMAR TO AUTHORIZE GOLF CARTS TO BE OPERATED ON CERTAIN CITY STREETS; TO PROHIBIT GOLF CARTS TO BE OPERATED ON THE OLDSMAR TRAIL AND ALL OTHER PLACES AS OTHERWISE PROHIBITED BY LAW; PROVIDIGN FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.

WHEREAS, The City's Ordinance Review Committee has reviewed Chapter 66 of the City's Code of Ordinances and has recommended to City Council an amendment to expand the area in which golf carts may operate; and
WHEREAS, the recommendations of the City's Ordinance Review Committee have been found meritorious by City Council; and
WHEREAS, City Council has received input from the public at two public hearings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLDSMAR, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBED:
Section 1. That Article IV, Use of golf carts upon City streets, of Chapter 66, of the City's Code of Ordinances is hereby amended to read as follows:

ARTICLE IV. - USE OF GOLF CARTS UPON CITY STREETS

  1. Sec. 66-100. - Use of Golf Carts on City Streets
It shall be lawful for a person holding and in possession of a valid driver license to operate a golf cart, as defined by F.S. 320.01(22), on city streets within the boundaries of the City of Oldsmar, unless otherwise prohibited.

GOLF CART OPERATION PROHIBITED ON FOLLOWING STREETS

Excluded Golf Cart Usage
  1. STREETS WITH SPEED LIMIT GREATER THAN 25 MPH
  2. CYPRESS LAKES INDUSTRIAL PARK
  3. MEARS INDUSTRIAL PARK

STREETS WITH SPEED LIMIT GREATER THAN 25 MPH

INCLUDING BUT NOT LIMITED TO:
  • Commerce Boulevard
  • Douglas Road (East of Commerce Boulevard)
  • PIne Avenue (between Forest Road and Forest Lakes Boulevard)
  • St. Petersburg Drive (between State Road 580 and East Dartmouth Avenue)
No such golf cart shall be operated on any other portion of the right-of-way of city, county or state roads except the paved portion of the right-of-way of said street and designated parking lots. There shall be no operation of golf carts on sidewalks, parks or other portions of city lands, the Oldsmar Trail and spurs or extensions thereof, right-of-ways or City streets except as specifically designated herein, and public golf courses and private lands allowing such use. Golf carts may be allowed during special events in City parks when approved by the City Manager.

All use of golf carts on City streets shall be in strict accordance with F.S. 316.212 or any amendments thereto or any other provisions of Florida Statutes regulating the use of golf carts on public streets. All persons operating a golf cart on City streets must comply with all other applicable traffic laws regarding the operation of such a vehicle. Nothing herein shall relieve the operator of a golf cart from compliance with all laws and ordinances otherwise pertaining to the operation of a vehicle.
  1. SEC. 66-101. - CROSSING STATE AND COUNTRY ROADS
Nothing herein shall be deemed to authorize the operation of a golf cart on a state or county road or right-of-way or to allow the crossing of a state or county road other than at such crossings and in such locations as shall be permitted and specified by the state, or an administrative agency thereof, or by the county.
  1. SEC. 66-102. - LICENSED USE; REVOCABLE
The operation of a golf cart on city streets shall be deemed to be a licensed use of those streets and to be revocable upon the will of the City Council in its legislative capacity based on its consideration of the health, safety and welfare of the public arising from such use.

The issuance of a license or other permission for the operation of golf carts on City streets shall not limit or otherwise preclude the City Council from the amendment of this article, revocation of this article, contracting or expanding the streets or roads on which golf carts can be operated, or the designation of crossing points for state and county roads. All persons operating golf carts on City streets under this license from the City of Oldsmar shall do so on the condition that there shall be no claim for any monetary loss or other claim for the loss of allowed golf cart operation on such streets 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 on City streets without liability of any kind arising from its legislative decisions.
  1. SEC. 66-103. - WAIVER OF CLAIM
Any person operating a golf cart enjoying a license for such purpose and all persons who are passengers in such golf cart shall be deemed to have waived any claim against the City for its legislative decision to allow the operation of such golf carts on City 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 the state statute.
  1. SEC. 66-104. - PARKING
Golf carts operated on City streets, when parking in public parking spaces, such golf carts shall be parked in a manner within such space side by side or in another fashion that allows either golf cart to leave the space when desired. It shall be the obligation of each golf cart operator to park the golf cart in a manner that will allow the use of the public parking space by another golf cart. This section shall be applicable to such areas as ae specifically designated for vehicle parking use either on City streets or off the right-of-way of City streets, in parking lots owned and controlled by the City, or in such other areas as are designated by signage or grand marking for such usage, and on public lands specifically allowing such use. Identified handicapped parking spaces may be used by golf carts complying with the law for use of these spaces by vehicles.
  1. SEC. 66-105. - DRIVER LICENSE
All persons operating a golf cart on City streets shall, upon request of a law enforcement officer, be in possession of a valid driver license. It shall be unlawful for a golf cart to be operated on City streets by any person who is not the owner of and in possession of a valid driver license. No person may operate a golf cart on City streets who has a suspended driver's license or whose driver's license has been revoked.
  1. SEC. 66-106. - REGISTRATION OF GOLF CARTS
All golf carts operating on City streets, prior to such operation, shall be registered with the City of Oldsmar on an annual basis by such persons and in such a manner as is administratively determined by the City Manager. The registration process shall include the payment of an annual registration fee in an amount set by Resolution of the City Council. An inspection to verify road worthiness, and the presence of required equipment may be instituted by the City as a condition of registration and operation of a golf cart on City streets. Decals reflecting a valid registration must be visibly affixed to each registered golf cart on the back driver's side of said golf cart in a location that is easily visible to law enforcement personnel. Such registration and decal must be current at all times the golf cart is operated on City streets. No registration is required for golf carts which are not operated on City streets.
  1. SEC. 66-107. - REQUIRED EQUIPMENT
All golf carts operated on City streets must be equipped with efficient brakes, reliable steering, a horn meeting the standards of F.S. 316.271, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear of such golf cart, at all times while the golf cart is operated on City streets. All golf carts operated between sunset and sunrise on City streets shall also be properly equipped with headlights, brake lights, turn signals and a windshield.  The provision of this article may be enforced by law enforcement officers and as to such manners not requiring action only by a law enforcement officer, by both City code enforcement officers and law enforcement officers.
  1. SEC. 66-108. - NUMBER OF OCCUPANTS, SPEED AND REQUIRED INSURANCE
(a) The number of occupants in any golf cart being operated on the streets of the City shall be restricted to the number of seats on the golf cart, not exceeding the number of persons for which the golf cart was designed and which is consistent with the number of seats provided by the golf cart manufacturer.
(b) It shall be unlawful for any occupant of a golf cart to stand at any time while the golf cart is in motion.
(c) All golf carts permitted to travel on City streets within the City shall have a maximum attainable speed of 20 miles per hour.
(d) It is unlawful for a person to drive a golf cart at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. It is the duty of the operator of a golf cart to leave the paved surface of a street to allow other motor vehicles to proceed at the lawful speed on such street as an exception to section 66-100 and subparagraph (e) below.
(e) it is unlawful for a golf cart to be operated on City sidewalks, rights-of-way and other locations on which a motor vehicle cannot be operated, and as proscribed by state statute or City ordinance, except for compliance with subparagraph (d) above.
(f) It shall be unlawful for any golf cart to be operated on the streets of the City unless and until the owner(s) thereof has purchased liability insurance insuring against personal injury and damage to property relative to the operation of golf carts on said City streets. The said insurance must be in full force and effect at all times the golf cart is operated on City streets. Proof of insurance must be presented to the City upon registration and licensing of the golf cart to operate on City streets, and to a law enforcement officer or code enforcement officer upon request.
  1. SEC. 66-109. - ENFORCEMENT
Violations of this article shall be enforced pursuant to the provisions of FS 316.212(8) and City ordinances by a law enforcement officer or City code enforcement officer as such officer's legal authority and jurisdiction allows. Code enforcement officers shall have the right to enforce all matters having to do with golf cart required equipment, the streets upon which golf carts may be operated, the lawful parking of golf carts and all other matters not exclusively within the jurisdiction of and lawful authority of law enforcement officers.  In addition, other avenues for the enforcement of violations of this article may be enforced by City code enforcement officers and the City code enforcement board as their jurisdiction and legal authority allows.
Section 2. The provisions of this Ordinance shall be severable. if any provision of this Ordinance is deemed unconstitutional or otherwise invalid, such determination shall not affect the validity of any other provisions of this Ordinance.
Section 3. That this Ordinance shall become effective upon final passage and adoption.

PASSED ON FIRST READING:
PASSED ON SECOND READING AND ADOPTED:
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