Ordinance Number 2008-04

AN ORDINANCE OF THE TOWN OF SHALIMAR, FLORIDA; ALLOWING THE USE OF GOLF CARTS UPON DESIGNATED MUNICIPAL ROADS IN THE TOWN OF SHALIMAR, FLORIDA SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Whereas, Section 316.212(1), Florida Statutes, permits municipalities to allow golf carts to be operated on municipal roads provided that they first determine that such carts may safely travel on or cross such public roads or streets upon considering the speed, volume, and character of motor vehicle traffic using those roads or streets; and

Whereas, Section 316.212(4), Florida Statutes, states that golf carts may only operate on such public roads or streets during the hours between official sunrise and official sunset, unless the governmental agency specifically determines that such golf carts may also operate during the hours between official sunset and official sunrise and the golf carts possess headlights, brake lights, turn signals and windshields; and

Whereas, Section 316.212(7), Florida Statutes, allows municipalities to enact restrictions and regulations regarding golf cart operations that are more restrictive than those contained in the State Statutes as long as appropriate signs are posted or the residents are otherwise informed that the regulation of golf cart operation in the designated area will be in accordance with a stricter local ordinance; and

Whereas, the Shalimar Police Department has conducted a study and determined that golf carts may safely travel on or cross Shalimar roads or streets, considering the following factors: speed, volume, and the character of motor vehicle traffic using the relevant roads or streets; and

Whereas, the Shalimar Commission has determined that golf carts may safely be operated on Shalimar roads and streets; and

Whereas, the Shalimar Commission desires to provide additional regulations for the operation of golf carts on designated roads and streets in Shalimar, Florida; and

Whereas, the Shalimar Commission believes that regulations proposed in this ordinance promote and enhance the health, safety and welfare of its citizens.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SHALIMAR , FLORIDA , THAT THE FOLLOWING SECTION BE ADDED TO THE TOWN OF SHALIMAR ORDINANCES, CHAPTER 50, TRAFFIC AND MOTOR VEHICLES:

1) The term “golf cart” shall be defined as stated in Florida Statutes, Subsection 320.01.

2) Golf carts may be operated on all Shalimar roads and streets in accordance with Florida Statute, Section 316.212.

3) In addition to the requirements of Florida Statures, Section 316.212, which is applicable to the operation of golf carts on the aforementioned designated roads and streets, the following restrictions shall also apply:

a) The number of occupants in any golf cart operated on the Shalimar roads and streets 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.

b) All golf carts operating subject to this ordinance 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 designated roads and streets.

c) Golf carts may only be operated on the designated roads and streets, only during the hours between official sunrise and official sunset, and only by persons 16 years of age or older.

d) In addition to the basic operating equipment described in 3) b) of this section, only golf carts equipped with headlights, brake lights, turn signals, and windshields may be operated at night, and, only by a person who holds a Motor Vehicle License (Drivers License) authorizing motor vehicle operation in the United States.

e) Before golf carts may be operated under this section, the owners thereof must purchase and maintain liability insurance insuring against personal injury and damage to property of any nature relative to the operation of golf carts on the designated public roads and streets. Minimum required insurance will be the same as for motor vehicles registered in the State of Florida for personal use and as designated by Florida Statutes. Proof of such insurance must be possessed at all times while operating a golf cart on the designated roads.

f) No person shall drive any golf cart upon a bicycle path, sidewalk, sidewalk area, or other area not designated for motor vehicle use or not specifically designated for golf cart use.

4) Violations of this section shall constitute a non-criminal infraction enforceable pursuant to the provisions of Florida Statutes, Section 316.212(8). The use of a golf cart resulting in violations of the Florida “Uniform Traffic Control” statute and the Florida “Uniform Disposition of Traffic Infractions Act” are enforceable according to Florida Statutes, Chapter 316 and 318. All other Shalimar Ordinances pertaining to the use of motor vehicles shall also apply.

5) The Shalimar Maintenance Department shall post signs along roads and streets where golf cart operation is allowed advising motorists of the possible presence of golf cart traffic and alerting the public that the operation of such golf carts is subject to the various requirements of this ordinance.

The provisions of this ordinance shall become and be made a part of the Code of Ordinances of the Town of Shalimar, Florida. The sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section” or any other appropriate word.

In the event this ordinance conflicts with any other ordinance of the Town of Shalimar, Florida, or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion.

IN WITNESS WHEREOF, the parties have caused this Ordinance to be executed by their duly authorized officers.