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HomeMy WebLinkAboutItem 14 First Reading of Ordinance for City Wide Golf Cart City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: November 19, 2024 Item #: 14 Contact Name: Vincent Ogburn Department Director: Vincent Ogburn Contact Number: Ext. 3038 City Manager: Craig Shadrix Subject: First Reading of Ordinance for City Wide Golf Cart. (Police Chief Ogburn) Background Summary: At the April 16, 2024, regular meeting, the City Commission provided staff direction to bring forth an ordinance permitting the legal operation of golf carts City wide on local streets that meet the statutory regulations. Golf carts may be operated on roadways that are designated for golf carts with a posted speed limit of 30 mph or less. Staff identified all existing public city roads that meet the statutory requirements for operating a golf cart and mapped their locations (map provided). Staff also identified all existing signage and locations where signage is needed if the ordinance is passed. Additionally, the ordinance provides the statutory criteria for operating a Low Speed Vehicle and places those requirements in the City's ordinances for enforcement. Below is a tally of the existing and new signage required along with poles for placement. It should be noted that some signage is able to be placed on existing stop signs. Existing Golf Cart signage: 36 Proposed New Golf Cart signage: 188 Needed Price Cost Signs 188 $9.75 $1,833 if done in house and $20,633 outsourced poles 70 $30.00 $2,100 Total $39.75 $3,933 Issue: Should the Honorable Mayor and City Commissioners approve the golf cart ordinance allowing the operation of golf carts that meet the statutory requirements within the City of Ocoee and approve funding for the placement of signs? City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Staff requests that the Honorable Mayor and City Commissioners approve the golf cart ordinance allowing the operation of golf carts that meet the statutory requirements within the City of Ocoee and approve funding for the placement of signs. Attachments: 1. Golf Cart Ordinance 2. 5 to 25 mph City Road Speed Limit 3. Business Impact Estimate Form Financial Impacts: The financial impact is $3,933 for the cost of the signs and poles and is funded in the existing street sign budget. Type of Item: First Reading ORLA_1747879.4 (AS AMENDED) ORDINANCE 2024- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW ARTICLE III OF CHAPTER 153 OF THE CITY CODE AUTHORIZING THE USE OF GOLF CARTS AND LOW-SPEED VEHICLES WITHIN THE CITY LIMITS OF OCOEE; DEFINING TERMS; PROVIDING FOR THE REGULATION OF GOLF CARTS AND LOW SPEED VEHICLES, INCLUDING THE HOURS OF OPERATION; AGE REGULATIONS, AND POSTING OF SIGNS TO DESIGNATE PUBLIC ROADWAYS FOR GOLF CART USE; ESTABLISHING TERMS AND PROCEDURES FOR VIOLATIONS AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE ORDINANCE TO PREVAIL OVER ANY INCONSISTENCY IN THE CITY CODE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, citizens of the City have expressed an interest in allowing golf carts and low-speed vehicles to be driven in expanded areas within the City of Ocoee’s jurisdiction; and WHEREAS, golf cart and low-speed vehicle operation on municipal streets of the City of Ocoee is ordinarily prohibited unless authorized by the City pursuant to section 316.212, Florida Statutes; and WHEREAS, the City Commission desires to amend the City’s Code of Ordinances to allow golf carts and low-speed vehicles to operate on roadways meeting threshold safety requirements under State and municipal law; and WHEREAS, to protect the health, safety, and welfare of its citizens, the City desires to prohibit golf carts from operating on roads and thoroughfares incompatible with safe operation, to regulate the manner and time during which golf carts may operate on municipal roadways subject to the City’s jurisdiction, and prohibit unauthorized minors from driving golf carts; WHEREAS, to protect the health, safety and welfare of its citizens, the City desires to provide for civil penalties and procedures for violations of this Ordinance. 2 ORLA_1747879.4 (AS AMENDED) NOW, THEREFORE, BE IT ENACTED BY THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Section 316.212, Florida Statutes. SECTION 2. Article III of Chapter 153, Streets and Sidewalks, of the Code of Ordinances of the City of Ocoee Code, Florida, is hereby stricken and a new Article III of Chapter 153, Streets and Sidewalks is adopted as follows: ARTICLE III GOLF CARTS AND LOW-SPEED VEHICLES ON PUBLIC STREETS § 153-17. TITLE; AUTHORITY. A. This article may be cited as the “Ocoee Golf Cart and Low-Speed Vehicle Ordinance.” B. The city has authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and section 316.212, Florida Statutes. § 153-18. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: A. “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour. 3 ORLA_1747879.4 (AS AMENDED) B. “Golf Cart Permitted Roadway” means a street or other thoroughfare with one or more posted signs allowing operation of golf carts. D. “Low-Speed Vehicle” means any four-wheeled vehicle whose top speed is greater than 20 miles per hour, but not greater than 25 miles per hour. § 153-19. GOLF CART OPERATION. A. A golf cart may not be operated on public roads or streets by a person: 1. Anyone operating a golf cart who is under 18 years of age unless he or she possesses a valid driver’s license or valid driver’s learner’s license, 2. Anyone who is 18 years of age or older unless he or she possesses a valid form of government issued photographic identification. B. Golf carts may be operated on public roadways that are designated for golf carts with a posted speed limit of 25 miles per hour or less and which are posted for golf cart usage. C. Golf carts may cross a portion of a county road that intersects a public roadway of the City approved for golf cart operation or crossing, or which intersects a golf course or mobile home park. D. It shall be unlawful to operate a golf cart upon a state highway unless authorized pursuant to Section 316.212(2), Florida Statutes, or any other applicable State statute. E. A golf cart may cross a portion of the State Highway System that intersects a county road or municipal roadway approved for golf cart operation if the Florida Department of Transportation has reviewed and approved of the crossing and any traffic control devices needed for safety purposes. 4 ORLA_1747879.4 (AS AMENDED) F. Unless expressly authorized by general law, it shall be unlawful to operate a golf cart upon a public roadway with a posted speed limit in excess of 25 miles per hour. G. A golf cart may be operated only during the hours between sunrise and sunset, unless the golf cart is equipped with headlights, brake lights, turn signals, reflective tape or reflective devices on the sides of the golf cart, and a windshield. H. All golf carts operated on a public roadway shall have efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and reflective warning devices on both the front and rear as required by Section 316.212(6), Florida Statutes, and shall otherwise comply with the minimum equipment standards established by the Florida Statutes. I. The operation of golf carts shall comply with all applicable traffic laws as provided in the Florida Uniform Traffic Control Laws, chapter 316, Florida Statutes. § 153-20. LOW SPEED VEHICLE OPERATION. A. Any person operating a Low Speed Vehicle must possess a valid driver’s license or valid driver’s learner’s license. B. Any person operating a Low Speed Vehicle must possess proof of Florida insurance with limits of no less than $10,000 for property damage liability and $10,000 for personal injury protection. C. Low-Speed Vehicles must have a vehicle identification number, registered license plate, and ownership evidenced by a certificate of title. D. Low Speed Vehicles may be operated only public roadways where the posted speed limit is 35 miles per hour or less, a vehicle identification number, and must be equipped with the following safety equipment: 1. Headlamps; 5 ORLA_1747879.4 (AS AMENDED) 2. Front and rear turn signals; 3. Stop lamps; 4. Tail lamps; 5. Red reflex reflector on each side and on the rear; 6. Exterior mirror on the driver side and an interior rear-view mirror or exterior mirror on passenger side; 7. Parking brake; 8. Windshield; and a 9. Seat belt for each designated seat. § 153-21. AGE REGULATION. No person under the age of 15 may operate a golf cart on public roadways of the city. § 153-22. DESIGNATING GOLF CART PERMITTED ROADWAYS. A. In accordance with section 316.212(1), Florida Statutes, the City shall post signs allowing operation of golf carts on Golf Cart Permitted Roadways. Such signs may designate individual roadways or the roadways of an entire neighborhood or subdivision for golf cart operation. B. Before posting such signs, the City shall make a planning determination that a reasonably prudent person driving a golf cart in accordance with this article may safely travel on, or cross the public roadway. In making this determination, the City shall consider factors including the speed, volume, and character of motor vehicle traffic using the public roadway. C. Any person operating a golf cart on a public roadway must verify that the public roadway is posted for golf cart operation. § 153-23. VIOLATIONS AND PENALTIES. 6 ORLA_1747879.4 (AS AMENDED) A. The City of Ocoee Police Department shall enforce the provisions of this article. B. All golf cart and Low-Speed Vehicle violations are subject to chapter 316, Florida Statutes, and chapter 322, Florida Statutes, and may result in the issuance of a Uniform Traffic Citation that will be heard in Orange County Traffic Court. C. Alternatively, any person violating any requirement of this Ordinance pertaining to golf carts may be issued a City Ordinance Violation citation for a golf cart civil infraction. D. Any person who violates the provisions of this article, including the minimum age requirement of Section 153-21 hereof, shall be issued a City Ordinance Violation citation with a fine in the amount of $164.00, or up to the maximum amount allowed by the Florida Statutes for a moving violation. E. Any parent or guardian who signed the application for a driver’s license or learner’s driver’s license for any applicant under the age of 18 years shall be jointly and severally liable with such minor for any damage caused by negligent or willful misconduct in driving a golf cart, pursuant to section 322.09, Florida Statutes. F. A violation of Section 153-19(A) through (I), inclusive, may be cited as a noncriminal traffic infraction, punishable as a moving violation pursuant to Chapter 318, Florida Statutes. G. In addition to any fine levied under this section, the city may bring a civil suit to restrain, enjoin, or otherwise prevent the violation of this article in a court of competent jurisdiction. In any such action, the city is entitled to recover its reasonable attorneys’ fees and court costs in any judgment against the defendant. H. Any person receiving a City Ordinance Violation citation pursuant to this article shall, within 21 days of the date of such receipt: 7 ORLA_1747879.4 (AS AMENDED) 1. Pay the assessed civil penalty pursuant to instructions on the City Ordinance Violation citation, including any late fee; or 2. Appeal the City Ordinance Violation citation pursuant to the Special Magistrate of the City of Ocoee according to the procedures set forth in the citation and in accordance with section 153-24 herein. I. The failure to timely appeal the City Ordinance Violation citation shall constitute a waiver of the right to contest the citation and shall also be considered an admission of liability. The Special Magistrate shall not have jurisdiction to hear an untimely appeal. J. A late fee in the amount of $25.00 shall be imposed upon any person not paying the assessed fine within 30 days of receiving the City Ordinance Violation civil citation. § 153-24. APPEALS TO THE SPECIAL MAGISTRATE. A. Pursuant to section 168-8(A)(2) of this Code, the Special Magistrate of the City of Ocoee is authorized to hear contested City Ordinance Violation citations issued by the City of Ocoee Police Department for violations of this article and to receive and evaluate evidence in connection therewith. B. Upon receipt of an appeal, the City shall schedule a hearing before the Special Magistrate to occur not less than 60 days after the City’s receipt of the appeal request; provided, however, that the Chief of Police or his designee may void or dismiss the citation being appealed if the Chief of Police or his designee determines, based on a review of the appeal, that probable cause does not exist to believe that the appellant violated this article. If the Chief of Police or his designee voids or dismisses the citation, then written notice of such action shall be provided 8 ORLA_1747879.4 (AS AMENDED) to the person filing the appeal. Otherwise, the City shall mail notice of the hearing to the appellant no less than fourteen (14) days prior to date of the hearing, by first class U.S. mail. C. After the appeal hearing, the Special Magistrate shall issue a written order granting or denying the appeal. A copy of such order shall be hand delivered to the appellant at the hearing or sent to appellant within five (5) business days thereafter, by first class U.S. mail. If the appeal is denied, the applicable civil penalty, any late fee, and administrative charges determined by the Special Magistrate shall be due and payable within thirty (30) days after the Special Magistrate’s issuance of its order. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 9 ORLA_1747879.4 (AS AMENDED) SECTION 5. Prevailing Ordinance. The terms of this Ordinance shall prevail over any inconsistent provision of the City’s Code of Ordinances. SECTION 6. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this _____ day of ____________, 2024. ATTEST: Melanie Sibbitt , City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED ______________, 2024 READ FIRST TIME ___________, 2024 READ SECOND TIME AND ADOPTED _____________________, 2024 UNDER AGENDA ITEM NO.__________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of _______________, 2024. Fishback Dominick By: Richard S. Geller, City Attorney S:\AKA\CLIENTS\Ocoee, City of\Golf Carts\Golf Cart Ordinance Ocoee (RSG REV. 2 - CLEAN) - 11 05 24.DOC !5 !5 !5 !5 !5 !5 !5 !5 !5 !5 !5 !5 !5 !5 !5 W "" "" "" "" "" "" """" """" """""""""" """""" "" "" """" "" """""""""""" "" """" "" """" """" "" "" """""" "" "" "" "" "" """" "" """""" """" """""""""""""""" "" "" "" "" "" "" """""" """" "" "" "" ? ? ? ? "" ?"" ? ? ?? ? ? ?? ? ?"""" 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Date: 8/12/2024 J Document Path: M:\GIS Admin\Mxds\Support Services\City Road Speed Limits\City Road Speed Limit.mxd Road Speed Limitin the City's JPA Legend Existing Golf Carts Approved SignExisting No Golf Carts Beyond this Point Sign ""Proposed Golf Carts Approved Sign ""Proposed No Golf Carts Beyond this Point Sign ?Rail Road Crossing W Ocoee City Hall !5 Area Parks Gated CommunitySpeed Limit 5 to 25WO TrailRail Road TracksExisting ParklandWaterbodiesGolf Cart CommunitiesParcelsCity BoundaryUnincorporated Territory 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW ARTICLE III OF CHAPTER 153 OF THE CITY CODE AUTHORIZING THE USE OF GOLF CARTS AND LOW-SPEED VEHICLES WITHIN THE CITY LIMITS OF OCOEE; DEFINING TERMS; PROVIDING FOR THE REGULATION OF GOLF CARTS AND LOW SPEED VEHICLES, INCLUDING THE HOURS OF OPERATION; AGE REGULATIONS, AND POSTING OF SIGNS TO DESIGNATE PUBLIC ROADWAYS FOR GOLF CART USE; ESTABLISHING TERMS AND PROCEDURES FOR VIOLATIONS AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE ORDINANCE TO PREVAIL OVER ANY INCONSISTENCY IN THE CITY CODE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): This ordinance amends the City’s Code of Ordinances to allow golf carts and low-speed vehicles to operate on roadways meeting threshold safety requirements under State and municipal law. To protect the health, safety, and welfare of its citizens, the City desires to prohibit golf carts from operating on roads and thoroughfares incompatible with safe operation, to regulate the manner and time during which golf carts may operate on municipal roadways subject to the City’s jurisdiction, and prohibit unauthorized minors from driving golf carts. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any):