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HomeMy WebLinkAboutOrdinance_606_08/17/2006ORDINANCE 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, as of the effective date of this Ordinance, the Village Council has completed a traffic study to determine whether golf carts may safely 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 1, 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 Florida Statute, Section 316.212. (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) 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. (3) All golf carts permitted under this section to travel on designated public streets and roads within the Village shall have a maximum attainable speed of 20 miles per hour. (4) All 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 designated roads and streets within the Village of Tequesta. 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. (5) Golf carts that may operate on designated 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 a valid registration must be visibly affixed to each registered golf cart in accordance with requirements of the Village of Tequesta Police Department. No registration is required for golf carts which are not operated on designated Village roads and streets. (6) 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. • 2 (c) Violations of this section shall be enforced pursuant to the • provisions of Section 316.212(8) F. S. (d) The Village of Tequesta Police Department shall 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 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 October 1,2006. THE FOREGOING ORDINANCE was offered by Vice Mayor Paterno, who moved its adoption. The Ordinance was seconded by Council Member Watkins and upon being put to a vote, the vote was as follows: FOR ADOPTION • Jim Humpage Tom Paterno Geraldine A. Genco Pat Watkins AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 17th day of August, 2006. _ R QF TEQUESTA r„:.,~....~~-~--.) C .,~~,~fj~~,r~~fn Humpage ~:1 i= TF ~~i~~ ATTEST: . ~ . ,,.,,, O R'•G Gwen Carlisle, Village Clerk _ ~ srvc~ pro L :v RATED: ~F ..-.• Q~~~ ;F, fr,''~F' Fl ~````` 3