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HomeMy WebLinkAboutDocumentation_Workshop_Tab 02A_06/06/2006:, Memorandum ~,-Yv ~~ 4 C ~w, c ~` R~c~iveq o ~~- ~ - ~`~ ~~ C1' f 0 ~~'~5 TO: Michael Couzzo, Village Manager FROM: Stephen J. Allison, Chief of Police ,~w- Subject: Galf Carts on Public Roadways Date: October 10, 2005 The operation of golf carts on public roads in Tequesta is becoming an issue that needs to be resolved. We have actually had golf carts crossing the bridge coming into the east side of the Village. There was a complaint this weekend from a resident in the country club community regarding careless operation of golf carts. • The only option the police department has at this time is to take enforcement action against all operators of golf carts that are using any public roadway in the Village. This will. not be a popular course of action with golfers who live in a country club community. Pursuant to the provisions of Florida statute 316.212 (1 ), the Council may designate certain roads for golf cart use, after a study has determined that the road is safe for this use, and appropriate signs are posted to indicate this use is allowed. Further action would have to be taken by Council if golf carts that are properly equipped are allowed to be used at night. (FS 316.212{4)) - I would like to discuss this matter with you before a change in .enforcement strategy is implemented. • ~ ~ ~' ' 316.212 Operation of golf carts on certain roadways: Tpe operation of a golf cart upon .,,~,.-~ • ~ ~~ .. the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible focal govemmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street., the responsible govemmental entity shalt post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or city street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midbtock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.p415 if the' Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and • efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Any other provision of this section to the contrary notwithstanding, agolf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shalt apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, tum signals, and a windshield. ~ . • (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red refledorized warning devices in both the front and rear. • (6) A golf cart may not be operated on public roads or streets by any person under the age of ~14. •b (7) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), or subsection (4), or as a nonmoving violation for infractions of subsections (5) and (6). History.-s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313. 316.2125 Operation of golf carts within a retirement community.- (1) Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf tart, equipped and operated as provided in s. 316.212(4), (5}, and (6), within any self-contained retirement community is permitted unless prohibited under subsection (2). (2)(a) A county or municipality may prohibit the operation of golf carts on any street or highway under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety. , (b) The Department of Transportation may prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety. History.-s. 1, ch. 88-253; s. 6, ch. 96-413; s. 8, ch. 2000-313. 316.2126 Use of golf carts and utility vehicles by municipalities.-In addition to the • powers granted by ss. 316.212 and 316.2125, municipalities are hereby authorized to utilize golf carts and utility vehicles, as defined in s. 320.01, upon any state, county, or municipal roads located within the corporate limits of such municipalities, subject to the following conditions: (1) Golf carts and utility vehicles must comply with the operational and safety requirements in ss. 316.212 and 316.2125 and shall only be operated by municipal employees for municipal purposes, including, but not limited to, police patrol, traffic enforcement, and inspection of public facilities. (2) In addition to the safety equipment required in s. 316.212(5), such golf carts and utility vehicles must be equipped with sufficient lighting and turn signal equipment. (3) Golf carts and utility vehicles may only be operated on state roads that have a posted speed limit of 30 miles per hour or less: (4) A municipal employee operating a golf cart or utility vehiGe pursuant to this_ section must possess a valid driver's license as required by s. 322.03. History.-s. 5, ch. 96-413; s. 90, ch. 99-13; s. 4, ch. 99-163; s. 169, ch. 99-248. Receives • Pertricia P. Towne 364 Fairway North Tequesta, Florida 33469 June 1, 2006 Dear 1V1r. Humpage: JUN 012006 a,. ~/'l7r~u~ Ni~r•~ off I understand that there will be a workshop held on June 6, 2006 pertaining to golf cart use within the Village of Tequesta. Since I will be out of town during the time the workshop is held, I would like this letter stating my views be made part of the official record of the said workshop. I firmly believe that the Florida Statue governing the operation of golf carts (Florida Statute 316.212) be strictly enforced. You can't pick and choose which laws you will enforce. If the workshop results in allowing golf carts to be driven on public roads, I would suggest that the Tequesta Ordinance regarding golf cart use be more restrictive. Local governments are given this authority under 316.212 (7). I would suggest changing the age from 14 to 16 and require the driver have a valid driver's license. If the Village does not enforce the Statue, it is vulnerable to lawsuits in case of an accident. Sincerely, l r ~lCt ~J_ ~'~~e- •Pertricia P. Towne Cc: Michael R. Couzzo •~ .