HomeMy WebLinkAboutDocumentation_Regular_Tab 18_10/12/2023Agenda Item #18.
Regular Council
STAFF MEMO
Meeting: Regular Council - Oct 12 2023
Staff Contact: Keith Davis, Village Attorney Department: Legal
TITLE
ORDINANCE NO. 14-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SEC. 46-2. USE OF GOLF CARTS UPON
DESIGNATED VILLAGE STREETS. TO CONFORM THIS SECTION TO RECENT CHANGES IN
STATE LAW REGARDING AGE AND FORM OF IDENTIFICATION FOR GOLF CART OPERATORS
ON PUBLIC STREETS;PROVIDING THAT EACHANDEVERY OTHERSECTION AND
SUBSECTION OF CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
SUMMARY:
The proposed ordinance will update Village Code in conformance with recent changes to state law
regarding the operation of golf carts on public streets.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
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COMMENTS/EXPLANATION ON SELECTION Adoption of the ordinance implicates no budgetary
issues
ATTACHMENTS:
14-23 golf cart operators update
Page 358 of 384
Agenda Item #18.
ORDINANCE NO. 14-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC.
SEC. 46-2. USE OF GOLF CARTS UPON DESIGNATED VILLAGE
STREETS. TO CONFORM THIS SECTION TO RECENT CHANGES IN
STATE LAW REGARDING AGE AND FORM OF IDENTIFICATION FOR
GOLF CART OPERATORS ON PUBLIC STREETS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
WHEREAS, following the 2023 legislative session, Laws of Florida 2023-67 was
enacted which changed the minimum age for golf cart operators on public streets to 18
years old, or if younger than 18, to someone who possesses a valid driver license or
learner’s permit; and
WHEREAS, Laws of Florida 2023-67 further requires any operator of a golf cart
on public streets who is 18 years of age or older to possess valid government issued
photographic identification; and
WHEREAS, the Village Council desires to updates the Village’s golf cart
operating regulations to conform to these changes to state law; and
WHEREAS, Village Staff recommends adoption of the regulations proposed by
this ordinance as being in conformance with said changes to state law; and
WHEREAS, the Village Council desires to adopt this ordinance, and has
determined that such adoption will best serve the public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1:Chapter 46. Motor vehicles and traffic. of the Code of Ordinances of
the Village of Tequesta is hereby amended at Sec. 46-2. Use of golf carts upon
designated village streets. to conform this section to recent changes to state law
Page 359 of 384
Agenda Item #18.
regarding the legal age and form of identification for golf cart operators; providing that
Sec. 46-2 shall hereafter read as follows:
Sec. 46-2. - Use of golf carts upon designated village streets.
(a) The Village of Tequesta hereby designates certain public roads or streets within
the Village of Tequesta for use by golf carts in accordance with F.S. § 316.212.
(b) Pursuant to F.S. § 316.212, the following shall apply to golf cart operation on
designated public roads or streets within the Village of Tequesta:
(1) Golf cart operators must be a minimum of 18 years of age unless the golf cart
operator possesses a valid learner’s driver license or valid driver license 16
years of age, hold and be in possession of a valid driver's license issued within
the United States, at all times while operating a golf cart on public roads. In
addition, golf cart operators who are 18 years of age or older must possess a
valid form of government issued photographic identification at all times while
operating a golf cart on public roads.
(2) The number of occupants in any golf cart being operated within the village shall
be restricted to the number of seats on the golf cart. No occupants of a golf cart
shall stand at any time while the golf cart is in motion. All golf carts 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. Golf
carts operated between sunset and sunrise on designated roads and streets
shall also be properly equipped with headlights, brake lights, turn signals and a
windshield.
(c) Violations of this section are non-criminal traffic infractions punishable in
accordance with F.S. § 316.212.
(d) The Village of Tequesta Police Department shall post signs indicating those
certain public roads and streets within the village that have been designated for
use by golf carts.
Section 2:Each and every other Section and Subsection of Chapter 46. Motor
vehicles and traffic. shall remain in full force and effect as previously adopted.
Section 3:All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Page 360 of 384
Agenda Item #18.
Section 4:Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5:Specific authority is hereby granted to codify this Ordinance.
Section 6:This Ordinance shall take effect immediately upon adoption.
Page 361 of 384