HomeMy WebLinkAboutOrd 1042-2023-04 Amending Code Chapter 11 Permitting and Regulating the use of Golf Carts within City of AnnaCITY OF ANNA, TEXAS
ORDINANCE NO. W4 d2 - 26)-3-64
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE
CODE OF ORDINANCES, CITY OF ANNA, TEXAS BY AMENDING
CHAPTER 11 "TRAFFIC AND VEHICLES," ARTICLE 11.02 BY ADDING
A NEW ARTICLE 11.04, "GOLF CARTS"; ALLOWING GOLF CART USE
ON CERTAIN PUBLIC STREETS, ESTABLISHING PERMITTING AND
SAFETY REQUIREMENTS FOR GOLF CARTS, PROVIDING FOR
CERTAIN EXCEPTIONS APPLICABLE TO PUBLIC SAFETY
PERSONNEL, PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas (the "City") is a home -rule municipality duly incorporated
under the laws of the State of Texas; and
WHEREAS, Chapter 551 of the Texas Transportation Code allows for the operation of golf carts
in certain areas within a municipality's corporate borders subject to certain conditions; and
WHEREAS, the Texas Transportation Code also permits municipalities to allow and to prohibit
the operation of golf carts on certain public highways; and
WHEREAS, golf carts are not often equipped with many of the traditional safety features that are
customarily required or found on traditional passenger vehicles; and
WHEREAS, passenger ejection and injuries from operating golf carts in urban settings can be
reduced by requiring additional safety equipment and providing rules of operation; and
WHEREAS, unlike traditional passenger vehicles, golf cart vehicle identification numbering can
be easily removed or altered; and
WHEREAS, establishing a golf cart registration and permitting program will help promote the
recovery and return of golf carts to their rightful owners in the event of loss or theft; and
WHEREAS, the City Council of the City of Anna has determined that the adoption of this
ordinance establishing regulations for the operation of golf carts on public streets and related
safety, registration and permitting requirements best serves the general welfare, health and safety
of the City and its residents and all of the prohibitions contained herein are in the interest of
safety.
City of Anna Ordinance No. 10 14 a -I 0 ,;L - O 4 Page 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the
body of this ordinance as if fully set forth herein.
Section 2. Amendment to Code. Amendment to Chapter 11 (Traffic and Vehicles) to the
Anna City Code of Ordinances by adopting a new Article 11.04, entitled "Golf
Carts" to read as follows:
"Chapter 11— Traffic and Vehicles.
ARTICLE 11.04. GOLF CARTS.
§ 11.04.001 Definitions
Definitions. The following words, terms, and phrases, when used in this article shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Driver means the person driving and/or having physical control over the golf cart.
Driver's License means an authorization issued by a state agency for the operation of a
motor vehicle. The term includes: (1) a temporary license or instructional permit; and (2) an
occupational license.
Golf Cart means a motor vehicle designed by the manufacturer primarily for transporting
persons on a golf course as defined by Texas Transportation Code § 551.401. A golf cart does not
include a Neighborhood Electrical Vehicle (a vehicle that complies with Federal Motor Vehicle
Safety Standard 500 (49 C.F.R 571.500)).
Owner means the person holding title to the golf cart.
Parkinz Area means those areas accessible to the public by motor vehicular traffic and
which are designated for temporary parking of motor vehicles, usually in places referred to as
parking lots.
Permit means a certificate/decal of authorization issued to the applicant by the City of Anna
Police Department authorizing the operation of the golf cart for which the permit was issued. The
decal will display the month and year of expiration.
Permit Holder means the person to whom a golf cart permit has been issued.
Public Safety Personnel means any employee or officer of a governmental law enforcement
agency or the Anna Fire Department.
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Sidewalk means the portion of a street that is between a curb or lateral line of a roadway
and the adjacent property line and intended for pedestrian use.
Slow -Moving -Vehicle -Emblem means a triangular emblem that conforms to standards and
specifications adopted by the Director of the Texas Department of Transportation under Section
547.104 of the Texas Transportation Code and is displayed in accordance with Section 547.703 of
the Texas Transportation Code.
Texas Transportation Code means said code as it currently exists or may be amended.
Traffic way means any land way open to the public as a matter of right or custom for
moving persons or property from one place to another. The traffic way includes all property, both
improved and unimproved, between the property or right-of-way lines of a roadway system.
Working Days means Monday through Friday, excluding City holidays.
§ 11.04.002 Golf carts permitted and restricted.
A person may operate a golf cart on a public street, parking area and/or traffic way if the
person obtains a permit and the following requirements are met:
(1) Golf carts may only be operated on a public street if the maximum speed
limit on the public street is thirty-five (35) miles per hour or less.
Regardless of the posted speed limit, the maximum speed for any golf cart
within the City limits is thirty (30) miles per hour.
(2) The person has a valid driver's license.
(3) The person maintains or is covered by current financial responsibility for
the golf cart, as required of other passenger vehicles in Section 601.051 of
the Texas Transportation Code. Proof of financial responsibility for the
golf cart must be either: (a) vehicle -specific coverage similar to that for
other motor vehicles in the State of Texas, or (b) if insured by
homeowner's policy or a general liability policy, the golf cart must be
specifically covered by the policy.
(4) The person complies with all applicable federal, state, and local laws and
ordinances, including but not limited to the Texas Transportation Code.
(5) The golf cart has the following equipment, which must continuously remain
in good working and operational order:
(a) Two (2) headlamps;
(b) Two (2) tail lamps;
City of Anna Ordinance No. j p y J- )L(S 23 - Oq Page 3
(c) Side reflectors (two (2) front, amber in color and two (2) rear, red in
color);
(d) Parking brake;
(e) Rearview mirror(s), capable of a clear, unobstructed view of at least two
hundred feet (200') to the rear; and
(f) Slow -moving vehicle emblem.
(6) The equipment described herein must meet the Texas and Federal Motor
Vehicle Safety Standards, as they exist or may be amended.
(7) While the golf cart is in motion, the driver and every passenger in a golf
cart is seated in a seat designed to hold passengers. No person may stand
or ride in the lap of the driver and/or other passenger of a golf cart while it
is moving.
§ 11.04.003 Additional operational regulations for all golf carts.
(a) A golf cart shall not be operated on any sidewalk, pedestrian walkway, jogging path, park
trail or any location normally used for pedestrian traffic.
(b) All golf carts are entitled to the full use of a lane on an authorized public street, parking areas
and traffic ways, and no motor vehicle shall be driven in such a manner as to deprive any
golf cart of the full use of a lane.
(c) The driver of a golf cart shall not overtake and pass in the same lane occupied by the vehicle
being overtaken.
(d) No driver shall operate a golf cart between lanes of traffic or between adjacent lines or
rows of vehicles.
(e) The driver of a golf cart operating the golf cart on an authorized public street may only
cross a multi -lane federal, county or state route at an intersection controlled by an official
traffic control device which stops traffic from all directions. The driver of a golf cart may
cross a multi -lane road, other than a federal, state, or county route, if it is required to cross
from one portion of a golf course to another portion of the same golf course. If a golf cart
crossing path is provided for transition between one section of a golf course to another
section of the same golf course across a multi -lane road, the operator shall cross at and
within the golf cart crossing path.
( The number of occupants in a golf cart shall be limited to the number of persons for whom
factory seating is installed and provided on the golf cart.
City of Anna Ordinance No. 10 u ;L-- ,2 0 2: - 0 y Page 4
(g) Children must be properly seated while a golf cart is in motion and may not be transported
in a reckless or negligent manner. No person younger than six (6) years of age may be
transported in a golf cart unless restrained by a safety belt restraint.
(h) A golf cart may not be used for the purpose of towing another golf cart, trailer or vehicle
of any kind including, but not limited to, a person on roller skates, skateboard, or bicycle.
A person employed by a golf course may tow a golf cart(s) for the purpose relocating the
cart(s) from one portion of a golf course to another portion of the same golf course.
(i) A golf cart shall not be operated at night, during inclement weather or when visibility is
impaired by weather, smoke, fog, or other condition, or at any time when there is
insufficient light to clearly see persons or vehicles on the roadway at a distance of five
hundred feet (500').
§ 11.04.004 Liability.
(a) Nothing in this Article shall be construed as an assumption of liability by the City of Anna
for any injuries (including but not limited to death) to persons, pets or property which may
result from the operation of a golf cart by an authorized driver.
(b) The Owner of a golf cart is fully liable and accountable for the action of any individual that
they provide permission to operate and drive said golf cart, both on personal and/or any
authorized public streets, parking areas and traffic ways. This described liability
responsibility especially applies to personal injuries (including death) or property damage
resulting from golf cart drivers who are under the age of twenty-one (21) years old.
§ 11.04.005 Permit required.
(a) (a) Effective the 11 hh day of tj. 20 013 , no person shall operate, cause
to be operated or allow the operatiq_Mf a golf cart on any authorized public streets, parking
areas and traffic ways unless a valid permit has been issued for the golf cart or otherwise
allowed by law. A permit is not required for any golf cart owned or leased by a golf course
and used exclusively on the golf course or crossing from one section of the course to another
section of the course. A permit is not required for a privately -owned golf cart used
exclusively on a golf course or crossing from one section of a golf course to another section
of the same course. Any golf cart exempted from permitting under this section shall not be
operated outside of a golf course, except as permitted herein.
(b) Application for a permit authorizing the operation of a golf cart shall be made by a person
who owns, leases or otherwise uses a golf cart. Such application shall be made in writing
to the City's Police Department on a form designated for that purpose. On such application
shall be set forth the following:
(1) The name, address, telephone number and state driver's license number of the permit
holder;
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(2) The street address where the golf cart shall be kept, including the particular suite or
apartment number, if applicable;
(3) The business name used for the premises where the golf cart shall be kept, if
applicable; and
(4) The year, make, model, color, vehicle identification number or serial number if no
vehicle identification number has been issued to the golf cart; and
(5) a statement that the golf cart fully complies with the requirements of Section
11.04.002(5) of this article before the issuance of a permit, including without
limitation, the requirement.
(c) Upon issuance of a permit, the holder will be issued two (2) decals, one of which shall be
permanently affixed to the driver's side front, and one of which shall be permanently
affixed to the driver's side back of the golf cart in such a manner that it is clearly visible
from fifty feet (50'). The permit must not be damaged, altered, obstructed, or otherwise
made illegible. The permit holder shall apply for a replacement permit for any permit that
has been damaged, altered, obstructed or otherwise made illegible.
(d) The permit shall only be placed upon the golf cart for which it was issued.
(e) A permit issued to a golf cart shall become invalid if the golf cart is altered in a manner
that fails to comply with any requirement of this article.
(fl Permits/Stickers are valid until there is a change in ownership of the golf cart.
(g) The permit holder shall notify the City's Police Department within ten (10) working days
if the golf cart transfers ownership or the address of the normal storage location has
changed. The information shall be submitted on a form designated by the City's Police
Department.
(h) Lost or stolen Permit/Stickers are the responsibility of the owner. A police report must be
filed in the event of a lost or stolen Permit/Sticker. If no record can be found of a previous
application, or the receipt of a Permit/Sticker, the City's Police Department may direct the
owner to reapply.
(i) Any person who operates a golf cart and fails to receive and/or properly display a
permit/sticker will be subject to all applicable state laws, in addition to being in violation
of this article.
(j) A permit may be revoked at any time by the City's Police Department, for conviction(s) for
violating any federal, state or local law related to the operation of a golf cart, including but
not limited to this article.
City of Anna Ordinance No. j b 4'L - 26�L, - 4 4 Page 6
§ 11.04.006 Public safety personnel exempted.
Public Safety Personnel are exempt from this article when using a golf cart in the
performance of his/her duties."
Section 3. Severability. Should any section, subsection, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of
this ordinance shall remain in full force and effect. The City Council hereby
declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
Section 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with
this ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any
remaining portions of said ordinances shall remain in full force and effect.
Section 5. Penalty. Any person, firm or corporation violating any of the provisions of
this ordinance shall be subject to the penalty provisions set forth in the Anna
City Code of Ordinances, Section 1.01.009, and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
Section 6. Caption Publication. The caption of this ordinance shall be published onetime
in a newspaper having general circulation in the City of Anna following the
City Council's adoption hereof as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ON THE 25Tn DAY OF APRIL 2023.
CITY OF
ATTESTED:
Carrie Land, City Secretary
ANNA.TEXAS
City of Anna Ordinance No. l6c1),- .20.23-04 Page 7