HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_04/01/2019KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified in City, County and Local Government Law
MEMORANDUM
TO:Manager Couzzo
FROM:Attorney Davis
DATE:August 2,2017
RE:Golf Cart Usage
This Memorandum explains the regulation of golf carts within the Village.
CURRENT VILLAGE CODE
The Village Code expressly addresses golf carts at Sec. 46-2. -Use of golfcartsupon
designated village streets. Subpart (a) designates certain public roads or streets within the
Village for use by golf carts. Subpart (b) provides additional regulations regarding the
permissible age to operate, licensing, the number of allowable occupants per golf cart, and
safety equipment. Subpart (c) provides that violationsare non-criminal traffic infractions
punishable in accordance with § 316.212, F.S. Finally, subpart (d) requires the Village Police
Department to post signs indicating those certain public roads and streets designated for use by
golf carts. Note that the designated streets are not expressly listed in theCode.
FLORIDA STATUTES
Sec.316.212(1), F.S., generally prohibits the operation of golf carts upon public streets or
roads, except upon those designated by acounty ormunicipalityfor use by golf carts. The
county or municipality, however, is responsiblefor making the determination that golf
carts may safely travel on or cross the public street or road, after considering the speed,
volume, and character of the motor vehicle traffic using the street or road. Sec.
316.212(5), F.S.,limits the operation of golf cars between sunrise and sunset, unlessthe
municipality has determined that they can be operated at night and the golf carts are equipped
with addition safety features(headlights, brake lights, etc.). Sec.316.212(6), F.S., mandates
certain equipment on all golf carts, including efficient brakes, a reliable steering apparatus, safe
tires, rearview mirror, and red reflectors on the front and rear. Finally, Sec.316.212(7), F.S.,
prohibits the operationof golf carts on public roads or streets by any person under age 14.
Sec.316.212(8), F.S., provides that a local government may enact an ordinance relating to golf
cart operation and equipment which is more restrictive than those enumerated in the section,
however, such ordinance may apply “only to an unlicensed driver.”Sec.322.04(1)(e), F.S.,
however, exempts from licensure “\[a\]ny person operating a golf cart, as defined in s. 320.01,
which is operated in accordance with the provisions of s. 316.212.” When read together, these
provisions prohibit a municipality from enacting an ordinance prohibiting the operation of golf
1
carts by an unlicensed driver.
Lastly, it is important to note that the operation of a golf cart on the public streets of a
municipality is not subject to the child restraint requirements of Sec.316.613, F.S.
GOING FORWARD -ENFORCEMENT
The Village Code needs to be amended to further conform the Code to state law. Specifically,
pursuant to statute and interpretation in Attorney General Opinion2016-07, municipalities may
not prohibit by ordinance the operation of a golf cart on public streets by a person who does not
have a valid driver’s license.State law also providesfor the minimum age to lawfully operate a
golf cart. Therefore,Sec. 46-2(b)(1) needs to be revised to allow operation by unlicensed
drivers. Further, the Village could place additional requirements on unlicensed drivers (e.g. be of
a certain age), if desired.
Once thischange hasbeen made to the Code, enforcement is appropriate as follows:
LocationCitationsCanBe Issued For:CitationsCannotBe Issued For:
Designated
Operation by a person less than 14 years oldFailure to have valid driver’s
Public Street
license when operating a golf cart
Operation of golf cart not equipped with efficient brakes, reliable Failure to have child safety
steering apparatus, safe tires, a rearview mirror, and red reflectorized restraints in the golf cart
warning devices in both the front and rear
Operation after sunset or before sunrise if cart is not equipped with
headlights, brake lights, turn signals, and a windshield
Failure to conform to any other regulations on unlicensed drivers (if
Village adopts)
Non-Designated
Operation of golf cart on a public road not designated by the Village
Public Street
Other
Operation of golf cart on a sidewalk (prohibited by § 316.1995, F.S.)
unless permitted by Village after safety determination
1
SeeAtt’y Gen.Fla.2016-07 (June 24, 2016).
2
Use of Golf Carts uponDesignated Village Streets
Village Ordinance Sec 46-2
FSS 316.212
Question: whether or not to expand the operating area for golf carts to include
roadwayseast of Tequesta Drive Bridge to railroad tracks, and include Tequesta
Drive and Tequesta Drive Bridge.
Currently: Golf carts are currently allowed to operate on Village roadways west of
the Tequesta Drive Bridge, except on Tequesta Drive. Operator mustbe at least
16 years of age and possess a valid driver’s license. Golf carts must be properly
equipped per FSS 316.212.
Benefits:
Increase mobility and use of golf carts for residents.
o Village events
o Village businesses
o Village parks
Decreased fuel use and emissions (if electric)
Slower traffic (Benefit and Concern)
Concerns:
Golf cart traffic on major arteries of the Village
o Tequesta Drive
o Seabrook Rd
Posted 30mph speed limit on certain roads(legal speed 35mph and
enforceable speed 40mph)
o Tequesta Drive
o Seabrook Rd
Crossing Tequesta Drive Bridge
o Bridge obstructs clear line of sight with potential of motor vehicle
toping Tequesta Drive Bridge to find slow moving golf cart in
roadway
o Tequesta Drive Bridge is a “Pinch Point”
Golf cart equipment concerns
o Speed capability
o Lack of brakelights
o Lack of turn signals
o Lack of seatbelts
o Lack Child restraint
o Proper tire type, tread, and inflation
o Lower ground clearance
o Lower visibility
o Lack of insurance
o Lack of protection in crash
o Lack of anti-theft devices (residents are inattentive and neglectful
with keys and valuables left in vehicles)
Misuse
o Operators will push boundaries (as they do now) and cross railroad
tracks and Old Dixie Hwy
o Operators will confuse Village roadways with neighboring
jurisdictions and be in violation of state statute
Parking
o On road
o Off road
o Vehicle parking spots
o Non designated areas
Liability
o Motor vehicle / golf cart crashes
o Golf cart (silent vehicles)/ pedestrian crashes
o Golf cart (silent vehicles)/ bicycle crashes
o Single vehicle (golfcart) crashes
o Injuries due to falling out of golf carts
o Increased impaired use of golf carts
o Cases of lack of enforcement (as previously seen)
Lack of infrastructure
o charging stations
o public parking
o security
Vehicle identification
o No registration tags
Possible contingencies
Only on weekends
No open alcoholic containers
Child restraint requirements
Seatbelt installation requirements
Special lighting requirements (flashing roof light / strobe)
Special parking requirements (designated parking spots or areas only)
Insurance requirements
Extensive fines based in ordinance for violations ($500+)
Decrease posted speed on roadways to 25mph (expensive –requires traffic
studies and FDOT approval)
Allow sidewalk use (expensive –requires minimum 8’ wide sidewalks and
FDOT approval) also increased liability
Alternatives
Residents already have the capability of equipping and registering their
vehicles as low speed vehicles under FSS 316.2122
o As defined in FSS 320.01(41)
o Minimum top speed 20mph
o Maximum top speed 25mph
o Resolves most concerns previously listed
There is presently no tort duty in the State of Florida for a Police Department not enforcing the law. As to
golf carts, their use on public roads is regulated by the State traffic laws. However, If a city allows golf
carts on city property then the city could have liability for failure to control the city's premises. If the golf
cart is being operated on a road way then the city is not liable for an accident due to the operator's
negligence, for being under age, or no license. I would be concerned if the city expanded the traffic laws
of the State of Florida.
Please feel free to contact me with any additional questions.
Regards,
Paul
07EHRIN
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Paul DeSilva
Risk Services Analyst
Corporate Headquarters
4200 Northcorp Parkway, Suite 185
Palm Beach Gardens, FL 33410
561.626.6797 office 1 561.626.6970 fax
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