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HomeMy WebLinkAboutDocumentation_Regular_Tab 12_07/13/2006 ORDINANCE NO. 606 AN ORDINANCE OF THE ViLLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46, MOTOR VEHICLES AND TRAFFIC, AT ARTICLE I, SECTION 46-2, USE OF GOLF CARTS UPON DESIGNATED VILLAGE STREETS, SO AS TO PROVIDE RESTRICTIONS RELATING TO THE OPERATION OF GOLF CARTS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 316.212, Florida Statutes, permits municipalities to enact restrictions and regulations regarding golf cart operations that are more restrictive than those contained in the state statutes; WHEREAS, the Village Council has conducted a traffic study to determine whether golf carts may safety travel on or cross public roads or streets, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street; WHEREAS, the Village Council has determined that golf carts may be safely operated in a limited manner on certain designated roads or streets within the Village; WHEREAS, the Village Council desires to provide additional regulations for the operation of golf carts on designated roads and streets within the Village; WHEREAS, the Village Council believes that these proposed regulations best promote the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 The Village Code of Ordinances is hereby amended at Chapter 46, Motor Vehicles and Traffic, Article I, Section 46-2, to read as follows: "Sec. 46-2 Use of golf carts upon designated town streets. (a) Those portions of public roads or streets in the Village of Tequesta with a posted speed limit of 25 miles per hour, or less, are hereby designated for use by golf carts in accordance with Florida Statute, Section 316.212. 1 (b) In addition to the requirements of Florida Statute Section 316.212, which are applicable to the operation of golf carts on roads and streets within the Village of Tequesta, the following restrictions shall apply: (1) All golf cart operators within the Village must be a minimum of sixteen (16) years of age, hold a valid driver's license issued within the United States, and must be in possession of a valid identification card showing proof of age at all times while operating a golf cart on public roads. (2) Golf carts may be operated only during the hours between sunrise and sunset. (3) A golf cart shall be properly equipped with headlights, brake lights, turn signals and a windshield at all times that the golf cart is operated on the roads and streets within the Village of Tequesta. Further, all golf carts that travel on public streets and roads within the Village must be equipped with efficient brakes, reliable steering, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (4) Golf carts that may operate on Village roads and streets shall be registered with the Village of Tequesta Police Department on an annual basis. The registration process shall include payment of an annual registration fee and inspection by the Police Department of the golf cart. Decals reflecting the registration must be visibly affixed to each registered golf cart in accordance with requirements of the Village of Tequesta Police Department. Golf carts that belong to the Tequesta Country Club do not need to be registered provided the golf carts are not operated on Village roads and streets. (5) Before golf carts may be operated on designated Village roads and streets, the owners thereof must purchase and maintain liability insurance insuring against personal injury and damage to property of any nature relative to the operations of golf carts on designated Village roads and streets. Proof of insurance must be presented during the process of registering the golf cart with the Village of Tequesta Police Department. (c) Violations of this section shall be enforced pursuant to the provisions of Section 316.212(8) F. S. 2 (d) The Village of Tequesta Police Department shall post signs indicating those portions of roads and streets designated herein for use by duly registered golf carts in accordance with pertinent statutes." Section 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3 If any court of competent jurisdiction holds any word, part, section, paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect. Section 4 This Ordinance shall become effective immediately upon passage. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2006. MAYOR OF TEQUESTA Jim Humpage ATTEST: Gwen Carlisle, Village Clerk F:\13153-1\Ordinances\Golf Cart Ordinance and Research\Golf Cart Ordinance.DOC 3