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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_08/17/2006 VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: August 17, 2006 REQUESTED ACTION/SUMMARY: Second Reading of Ordinance 606 — Golf Cart ordinance. The police department agrees with Ordinance 606. RESOLUTION OR ORDINANCE NUMBER: Res # Ord # 606 ORIGINATING DEPARTMENT: Tequesta Police Department FLTNDING SOURCE: 2006/2007 BUDGET ACCOUNT NUMBER: N�� CURRENT BUDGETED AMOUNT AVAILABLE: AMOUNT OF THIS ITEM: AMOUNT REMAINING AFTER THIS ITEM: BUDGET TRANSFER REQUIRED: ❑ Yes X No APPROPRIATE FUND BALANCE: ❑ Yes X No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: --� DEPARTMENT HEAD: `� r FINANCE DIRECTOR: VILLAGE MANAGER: � � VILLAGE MANAGEJ�YRECOMMENDATION: APPROVE ITEM: � DENY ITEM: ❑ VIL GE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY es ❑ No ❑ Not Applicable (n/a) Memorandum To: Michael R. Couzzo, Jr. Village Manager ,, a From: William E. McCollo Chief of Police Date: August 2, 2006 Re: Ordinance No. 606 The Tequesta Police Department agrees with Ordinance No. 606 as proposed. ORDINANCE NO. 606 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEAGH COUNTY, FLORIDA, AMENDING THE VfLLAGE CODE OF ORDINANCES AT CHAPTER 46, MOTOR VEHlCLES AND TRAFFlC, AT ARTICLE 1, SECTION 46-Z, USE OF GOLF CARTS UPON DESIGNATED VILLAGE STREETS, SO AS TO PROVIDE RESTRICTIONS RELATING TD THE OPERA►TION OF GOLF CARTS; PROVIDIiVG FOR REPEAL aF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVfDtNG 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, upon finai adoption of this Ordinance, the ViAage Council has completed a traffic study to determine whether golf carts may safely #ravel on or cross public roads or streets, considering factors including the speed, volume, and character of motor vehicle tra�c using the road or street; WHEREAS, the Village Council has determined that golf carts may be safely opera#ed in a limited manner on certain designafied roads or streets within the Village; WHEREAS, the Village Council desires to provide additional regulations for the operation ofi golf carts on designated roads and streets within the Viiiage; WHEREAS, the Village Council believes that these proposed regulations best promote the health, safety and welfare of its citi�ens. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL. OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 The ViNage 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) The Village of Tequesta hereby designates certain public roads or streets within the Village of Tequesta for use by golf carts in accordance with Fforida Statute, Section 316.212. (b) ln addition to the requirements of Florida Statute Section 316.212, which are applicable to the operation of gotf carts on roads and streets within the Village of Tequesta, the following restrictions shall apply: 1 (1) All golf cart operators within the Vi(lage 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) Goif carts may be operated only during the hours between sunrise and 12 o'c{ock midnight. The hours of operation may be modified for special events upon written request to the Vil(age of Tequesta Police Department. (3) The number of occupants in any golfi cart being operated within the Town shaH be restricted to the number of seats on the golf cart; however, a child under the age of seven (7) years may ride on the lap of an adult passenger (eighteen years of age or older) who is not operating the golf cart. (4) No occupants of the golf cart shafl stand at any time while the golf cart is in motion. (5) All golf carts permitted under this section to travel on public streets and roads within the Village shall have a maximum attainable speed of 20 miles per hour. (6) 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, alf golf carts must be equipped with efficient brakes, reliable steering, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear at all times while operated on the roads and streets within the Village of Tequesta. (7) Golf carts that may operate on Village roads and sfireets shall be registered with the Village vf Tequesta Police Department on an annual basis. The registrafiion process shall include payment of an annual registration fee and inspection by the Police Department of the golf cart, Decais reflecting the registration must be visibly affix+ed to each registered golf cart in accordance with requirements of the Village of Tequesta Police Department. Gotf 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. 2 (8) Before golf carts may be operated on designated Viilage 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 Departmen#. (c) Violations of this section shall be enforced pursuant to the provisions of Section 316.212(8) F. S. (d) The Vil(age of Tequesta Police Department shalf post signs indicating those certain public roads and streets designated herein for use by duly registered golf carts in accordance with pertinent statutes." Section 2 All ordinances or parts of ordinanees in conflict herewith are hereby repealed. Section 3 lf any court of competent Jurisdi�tion 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 Council Member , who moved its adoption. The Ordinance was seconded by Council Member and upon being put to a vote, the vote was as follows: FOR ADOPTtON AGAINST ADOPTION 3 The Mayor thereupon declared the Ordinance duly passed and adopted fihis day of , 2006. MAYOR OF TEQUESTA Jim Humpage ATTEST: Gwen Carlisle Village Clerk F:\13153-1\Ordinances\Golf Cart Orclinance and Research\Golf Cart Ordinance.DOC 4