HomeMy WebLinkAbout2024-34 Golf Cart OrdinanceAN ORDINANCE OF OF OCOEE, FLORIDA,ADOPTING
CHAPTERNEW ARTICLE III OF OF THE CITY CODE
AUTHORIZING THE USE OF GOLF CARTS1 LOW -SPEED
VEHICLES WITHIN THE CITY LIMITS OF i i DEFINING
TERMS; PROVIDING FOR THE RE GULATION OF GOLF CARTS AND
LOW SPEED VEHICLES, INCLUDINGt OF OPE RATION;
AGE REGULATIONS, 1 POSTING OF SIGNS TO DESIGNATE
PUBLIC ROADWAYS FORt •'T USE; ESTABLISHING TERMS
t PROCEDURE S FORVIOLATIONS AND
PROVIDING F!' PROVIDING
ORDINANCE t PREVAIL OVER i
CODE;CITY PROVIDING i• CODIFICATION; PROVIDING
DATE.EFFECTIVE
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.
ORLA_1747879.4 (AS AMENDED)
WOL
SECTION 1, Authority. The City of Ocoee has the authority to adopt this Ordinance
pursuant to Article V111 of the Constitution of the State of Florida, Chapter 166, Florida Statutes,
and Section 316.212, Florida Statutes.
SECTION 2. Article Ill 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 Ill of
Chapter 153, Streets and Sidewalks is adopted as follows:
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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 V111 of the
Constitution of the State of Florida, Chapter 166, Florida Statutes, and section
316.212, Florida Statutes.
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.
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ORLA1747879.4 (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.
A. Anyone operating a golf cart must possess a valid driver's license or valid driver's
learner's license.
B. Golf carts may be operated on public roadways that are designated for golf carts
with a posted speed limit of 30 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.
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 30 miles per hour.
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ORLA1747879.4 (AS AMENDED)
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.
A. Any person operating a Low Speed Vehicle must possess a valid driver's
license or valid driver's learners 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;
2. Front and rear turn signals;
3. Stop lamps;
ORLA1747879.4 (AS AMENDED)
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. Pat -king brake;
8. Windshield; and a
9. Seat belt for each designated seat.
§ 153-21. AGE RE' GULATION.
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.
,SIS3-23. VIOLATIONS AND PENALTIES.
A. The City of Ocoee Police Department shall enforce the provisions of this article.
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ORLA1747879.4 (AS AMENDED)
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 (1), 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:
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ORLA1747879.4 (AS AMENDED)
I . 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.
1. 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.
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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
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ORLA1747879.4 (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. Severabili!y. 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.
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ORLA1747879.4 (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.
ADVERTISED
_A 2024
UNDER AGE' NDA ITEM NO.
-1011119.11 WRNW-11
this ay of TMCPu. p- , 2024.
Fishback Dominick
pM
By
Richard4. Geller, City Attorney
S:\AKA\CLIENTS\Ocoee, City of\Golf Carts\Golf Cart Ordinance Ocoee (RSG REV. 2 - CLEAN) - 1105 24DOC
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ORLA1747879.4 (AS AMENDED)
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