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HomeMy WebLinkAbout06-01-10 WSMINUTES OCOEE CITY COMMISSION June 1, 2010 at 7:15 P.M. WORKSHOP Mayor Vandergrift opened the Workshop Meeting at 8:17 p.m. following the regular meeting. All Commissioners remained present. I. Golf Cart Ordinance Police Chief Brown explained the documents that he distributed on the dais. Golf Cart Based Product Vehicle Model Legislation-Introduction Model Local Ordinance Draft Ocoee Golf Cart Ordinance There was discussion regarding designating sidewalks as paths. City Attorney Rosenthal stated that there would be issues with enforcing that bikes and pedestrians are no longer allowed on those sidewalks. Chief Brown said we would probably have to do a "shared route" which allows different types of motor vehicles to travel on certain roads. He stated that each area has to be studied; you cannot designate an area as a golf cart area without this study. Currently the law states that Golf Carts are always prohibited on roadways unless the municipality specifically allows it. Gated communities, which are not public roadways, may use golf carts within their community if the HOA allows that. He said roads where golf carts will not be allowed is State/County Roads or any road that has a speed limit over 25 MPH. He stated that the area in District #1 south of Clarcona Ocoee Road would be the best model for a golf cart community, with the exception of Adair Street which is 30 MPH. He said there are a lot of parks and fields in the area that would be conducive to golf cart usage. He said they have to determine how they will consider the roads that can be used for golf carts and how to designate those roads with signage. Staff would need direction on how people will apply to become a golf cart community. Commissioner Wilsen asked how much interest there is for golf carts and added that she has not had anyone in her district state an interest. Commissioner Keller said someone in his community expressed an interest in a golf cart as a business proposition to drop off Fed Ex packages, etc. Commissioner Hood stated there is a lot of interest in his district, especially the Lady Avenue corridor. Commissioner Johnson stated that one person he knows of that is pushing for golf carts lives in District 2. There was discussion about golf cart crossings and how to create areas where golf carts could cross over busier roads to get to connecting communities, golf courses, and parks. Commissioner Wilsen asked if we can move ahead and designate a specific area as a test. Chief Brown said we can specify an area to start out; each area would have to be individually studied. Chief Brown said we need to determine if we are picking areas or waiting for neighborhoods to state that they have an interest. There was discussion on budgetary issues for paths, signage, etc. to initiate golf cart communities. Commission Wilsen said she is not sure there is enough interest to spend this much money on something that is not a necessity. She said the City Manager told them they are losing 13.7% of revenue and they have to decide how much we want to spend. Mayor Vandergrift said part of the direction would be for staff to come back with cost figures. Chief Brown said we would have to determine if you want to make specific costs or just designate roadways as shared routes. He added that the research is going to be pretty extensive. Dev. Services Director Shadrix said they have a consultant contract to do a multi model transportation plan and they should be able to have certain areas include a golf cart study as part of that. City Commission Workshop June 1, 2010 Commissioner Johnson said this can be done without that much difficulty; Winter Garden did it without adding new paths or roads. Chief Brown stated that golf carts can be safely operated on the streets in a community given the speed, the volume, and the character of the motor vehicle traffic using that roadway. He added that most Ocoee neighborhoods will fit the criteria, but the difficulty will be the connectivity between the neighborhoods. Commissioner Wilsen asked if HOAs could absorb the cost of creating their own golf cart communities. Chief Brown stated that the model legislation states that the City should handle all the signage because of the standardization rather than allowing each community to do their own thing. Public Works Director Krug said the costs of signs are $90-$130 per sign depending on design. Chief Brown stated another thing to discuss is age of the driver, current law allows drivers 14 and above. Commissioner Johnson said the area around Central Park would be a good place to designate first. Commissioner Wilsen said there are speeders on Flewelling that would create a safety issue. Commissioner Johnson said there are always going to be safety issues with any motorized vehicles; we could consider offering safety driving courses. Traffic is dangerous no matter what vehicle you are in or if you are walking if you don't use safe practices. Commissioner Keller said he is concerned about budgetary issues for paths, signage, traffic studies, etc., but more importantly concerned about the safety issues. Commissioner Wilsen said she would be in favor of tying it in with the existing traffic study. She felt it would be more desirable if she lived in an area where she could get to the grocery store or run errands etc. than just being contained in her HOA area. Commissioner Keller said the Starke Lake area would be the best test area. Commissioner Hood said the area north of Starke Lake that Chief Brown pointed out would be the best because most of those streets would meet the criteria needed for allowing golf carts. City Manager Frank suggested that we direct the Chief to bring back an ordinance that would allow golf carts within certain areas of the city; under certain considerations such areas would apply to the City Commission; at that point we could meet with them and determine boundaries; the Commission could approve or deny funding for each application. He said the framework could be put into place via an ordinance, but the approval process should be via an internal application from each sub division/area or made by City Commission if they want to develop it in specific areas. Chief Brown said they can apply to the police department first and a cost can be determined as well as boundary areas and that would be brought forward for Commission approval. City Manager Frank said after we start with interior subdivisions, etc. we can look into expanding and crossing over certain roads. He said there should be no problem at this point moving forward with an ordinance that develops the framework. Chief Brown clarified that the application process will be figured out separately; it does not have to be spelled out in the ordinance. Chief Brown said he will bring back the ordinance at a later. date. II. 85th Anniversary Celebration Mayor Vandergrift reviewed information that had been gathered by him and staff. He discussed some things that other cities had done. He reviewed some suggestions for ayear-long celebration including the following: improved customer service with answering phones, a historical book on Ocoee, Spring Fling, Symphony, Central Florida Fair, School Events, MLK Day, International Day, Christmas Parade, New Years, Old Timers Dinner, Town that Came to Dinner, Arbor Day, Birthday, Tree City, Green Awards to Builders/Developers, TV Interviews, CRA Downtown Expansion, OHS Stadium, Banners for Businesses and Citizens, Prairie Lake Park Dedication, Fire and Police Dept History, School History (book by Orange County), Page 2 of 3 City Commission Workshop June 1, 2010 Honoring Life-long teachers such as Ms. Reed and Ms. Newburg, integrate Ocoee Anthem, film festival in September. He talked about Winter Garden's 100th Anniversary celebration. Look into cost for mail-outs. He stated that Jeff Kirsten, wants to create a Redevelopment board to improve Ocoee image and attract tourists. He discussed hanging banners around the city similar to HRBD's banners. He discussed Coral Gables, Port Richey and other community celebrations. Commissioner Johnson said he doesn't know about the whole year, but we could make the 85th Anniversary become the theme for Founders Day Weekend. Commissioner Hood said he is in favor of that and hanging the banners around the city and felt the city could also have themed floats in the parades. Commissioner Johnson said it could be included in the Founders Day flyer. Commissioner Wilsen stated that Founders' Day would be a great opportunity to put out a booth and celebrate the 85th year. Mayor Vandergrift said ayear-long celebration would tie into economic development. Cheryl Applegate said the Historical Commission is working on doing something for the 85th anniversary, including a timeline. She said they would be happy to work with anyone on this project. Mayor Vandergrift said he feels like he is beating a dead horse; if it is the Commission wishes- to bring this forward for Founders' Day, that is what we will do. He said if anyone else wants to pickup an idea and run with it, please do. The meeting was adjourned at 9:03 p.m. Attest: ~{ ~, Eiken erry, City e k APPROVED: City of Ocoee ~ ~ _ ~, ~-S~ f S. Scott Vandergrift, Mayo Page 3 of 3 mayorscott.org From: mayorscott.org [mayorscott@mayorscott.org] Sent: Tuesday, June 01, 2010 12:13 PM To: mayorscott@mayorscott. org Subject: 85th year work shop Suggestions for work shop on 85`h year celebration.... Things happening or possibly could happen over the next year from May 13... Founders Day History of Ocoee book published Spring Fling Symphony Fair School events MLK day International day Christmas Parade New Years ` ~(~ Old timers dinner I'~i L' ) Dinner far entire community r'~ Arbor Day ~--,~ ~ 1~ ~ ~ "~ Earth Day Tree City Green recognition awards to builder/ developers TV interviews of Old timers CRA expansion into downtown OHS Stadium Banners for businesses and citizens Prairie Lake Park dedication FIRE/Police Department histories Schools histories ',~ c~ ^~~ c :Y~- ~ mavorscott.or From: mayorscott.arg [mayorscott@mayorscott.org] Sent: Tuesday, June 01, 2010 11:37 AM To: Elizabeth Vandergrift Cc: Applegate, Sherrall D.; Applegate, Sherrall D.; applegs@ocps.net; Robert Frank; Vyka, Gloria; Gee Cowan; craig.shadrix~ci.ocoee.fl.us; Eikenberry, Beth Subject: FW: Timeline for 85th anniv. From: Wright, Joy [mailto:JWright@ci.ocoee.fl.us] Sent: Tuesday, June 01, 2010 11:26 AM To: mayorscott.org Cc: Cowan, Gequita Subject: Timeline for 85th anniv. Mr. Mayor, The Ocoee Historical Commission could put together a timeline like the one listed below: http•//orlanda biziournals com/orlando/stories/2443/44/21/focus4.html?page=2 Winter Garden celebrates its 100th anniversary Orlando Business Jaurnal - by Susan Lundine Associate Managing Editor 1927: Lakeview High School was built at 1200 W. Bay St. on land donated by L.F. Tilden. 1928: Area groves were infested by Mediterranean fruit flies, which damaged the fruit and resulted in few shipments that year. Citrus growers struggled to meet mortgage payments and withdrew large sums from local banks. 1929: The Bank of Winter Garden Gosed. 1933: The Great Depression was felt, with one in four Floridians receiving public relief, but bumper crops in Winter Garden helped sustain the local economy, and the city's population grew to 2,023. 1936: Using federal aid, the city of Winter Garden developed a 12-acre tourist camp and municipal center along Lake Apopka's shores. It had several small citrus groves, an auditorium, boat basins and houses, a dock, a swimming pool then filled by a natural artesian well, a bath house, a large trailer park and apartments. The lake became known as the large- mouth bass capital of the world. Also that year, Lakeview High School graduated 36 students. 1938: The American Legion Post was built and named for Hugh T. Gregory, the only local citizen to die in World War I. 1940: Winter Garden's population reached 3,060 residents. 1943: Reeves Barbershop opened. 1944: A plant was established to make frozen concentrated orange juice, with the Winter Garden Citrus Products Cooperative on the cutting edge of this technology. Seven citrus packing houses were operating then. 1945: The West Orange Memorial Hospital Association was organized and built the hospital in 1946 for $130,000. 1947: The Star-Cite Drive In theater opened. ~~ ~~..:~ ~~~~`~-~-`~ ~~ % ~ G~'7 C ~~ `i-~ O ~Ja~{ S e ~~ ~ ~; -r~;;, ~-,~. ~2P~ ~S%~a~ ~t-~ !n SA~r C r 1949: With post World War II development, the area saw more cars, highways, suburban sprawl, the erosion of the central commercial district and new development. The extension of Highway 50 south of the Winter Garden commercial district helped protect the town from redevelopment. New restaurants and other businesses on Highway 50 opened a new economic sector competing with downtown merchants. The first Veterans Administration loans encouraged home buying. 1951: Telephone service reached 1,478 homes and businesses. The Chattanooga Lookouts baseball team set up a camp and winter training headquarters in the city. 1969: The Tavares & Gulf Railway had its last run, replaced by truck service. The Wonderful World of Disney shot Varda the Peregrine Falcon on property near Winter Garden, with falcons and wildcats brought in for the film. It aired on NBC on Nov. 16. 1970s: A giant statue called'Tire Lady," also known as "Big Mama," toured the United States as a bikini-clad Uniroyal Tire promotion. It's now at Griffith Tire on Highway 50. She donned a miniskirt so as not to shock the locals. 1976: West Orange High School was finished. Mary Tanner donated 5 acres of land to the YMCA. A trial was held for the Zeigler Furniture Store murders. W.T. "Tommy" Zeigler was convicted of first- and second-degree murder of his wife, in- laws and a customer on Christmas Eve. This year, from death row, he filed to have the case re-opened. 1977: West Orange High School Principal Raymond Screws was shot and killed on Dec. 12. Assistant Principal Roosevelt Holloman was charged with the murder. 1978: Holloman was found guilty of first-degree murder and sentenced to life in prison. The Citrus Classic became the Bay Hill Classic. The West Orange YMCA broke ground. The West Orange High School stadium was dedicated to Raymond Screws. The Tavares & Gulf Railroad Depot closed and now is the headquarters of the National Railway Historic Society. 1979: The new municipal complex was completed. Winter Garden Elementary School closed its doors permanently, and the students began attending Dillard Elementary. The Winter Garden and Ocoee Lions Clubs created a joint Christmas parade. Thank yau. ~~mm!~nity ReEat~~rs ~E~ar~a~~r Lily or ucoee 150 N. Lakeshore Drive...Ocoee, Florida...34761 (407) 905-3100 x9-1530 FAX (407) 905-3167 JyUrigni(a?ci. ocoe~.fi. us Ocoee..."The Center of Good Living" www,OCOee.orq mayorscott.org From: Wright, Joy [JWright@ci.ocoee.fl.us] Sent: Tuesday, June 01, 2010 9:48 AM To: mayorscott. org Cc: Cowan, Gequita Subject: Special mailing cost Mr. Mayor, The approx. cost for doing an 85th anniversary (8 1/2 x 11 letter size) special mailer inside the water bills, and mailed to 11,500 'residential' households would be: $1,300 If we mail a 'separate"-~jnofinclade~in waterl3rlts~~~$5th-armi~iersary sponsorship letter to 'Ocoee businesses', the cost would be approx. $650.00. This cost includes printing and postage. ;~ ~_ As I mentioned, Public Works may a rin a banner across Bluford Ave., similiar to the Founders' Day banner that is placed each year over Bluford Avenue.... It would be nice to put some pole banners down Maguire Road and Lakeshore Drive, in addition to Clarke Road... .~ Thank you. -~~V P ~/41ri~h~ Community Relations Manager i:ity oT vc:oee 150 N. Lakeshore Drive...Ocoee, Florida...34761 (407} 905-3100 x9-1530 FAX {407) 905-3167 ,i`vvri iget{cuci.ocoee.tl.us Ocoee..."The Center of Good Living" www.ocoee.orq ~,~ ~~ ~~ ~~~ ~,~ ~ \/ ~ ti ~` \/ _ ~~~I l r ~ _, n ° ~; J ` w 02/15/2007 1B: 48 FA% 4076566885 BLAZING BANNERS 1502 Northshore Dr Bellingham WA 98226 (800)200-8b62,(866}756-9993fx ~q~,d~~ ,~~ ~~ BILL TO City 0f Ocoee - Diversity Board CI1Y OF OCOEE f~j001 '~VO~C~ DATE INVOICE N0. l2rz~l2oo6 I2u2 I . SHIP TO Martha Lopez-Mdersan c/o Florida Investment Propertka, inc. 6068 S. Apopka-Vineland Road Suito 1 Orlando, FL 32619 P.O. NO. TERMS PROJECT DESCRIPTION QTY RATE AMOUNT Job 26133 96"x36" vinyl street banners 20 125.00 2,SOO.OD7 ~ C~.~ 83.00 85.Ot1T Shipping and Flandling 70.70 70.TOT Out-ofstax tale, axempt from sales cart OAO% 0,00 3 . Sb SGI, r~ ~~3-o2`FSC~~-f' 3 ~ o `~~~.~ ~ j v~';~~ ~~ ~. ~ ~ '~ ~ ~ ~~~~~ /~ ~~ .'~' ( .--~ yn. S' 1 ~ s ~ r -~- .~-~ ~~ ~~ ~~ `~~ ~ ._ / ~~.-- Total $2,6ss.7o Pest duo accounts are subject to finance charEtes I.i% monthly 18% annually. _ y~~ ' ~ ..._~Q 0~ Qa No adjuctrnents to an invoice can ba made after 48 hour of delivery. ' ~ ~' ~/ Sr3: 7~ i mayorscott.org ___ From: Wright, Joy (JWright@ci.ocoee.fl.us] Sent: Tuesday, June 01, 2010 8:50 AM To: mayorscott.org Cc: Cowan, Gequita Subject: 85th anniversary ideas Mr. Mayor, As you requested, here is some information I found online for cities celebrating their 85th anniversary: htto:/lwww_ gabieshomegac~e. comtnewst2010t04t26tcity_ccsral-oables-r~6ebrates-85th-a.nniv_ersary-april-29 iiiil.i ii~WV1± ic3lii~icY i~cx~ C:~liili i~'~d:si'i.)~1Cf Jil:f~~-~~-~iCi~-{ ii,E~i~~i ~r~ib Jft~ i-c~i i~tV~I Jcai Y-~Jd1 .}if i Er;... .:i Other ideas: Article/photos in News to You, Ocoee TV and city website Community dinner on Lakeshore Drive (I think Beth Eikenberry has some info on this) Banners for Clarke Rd. (I emailed you the cost for 20 banners-approx. $2,700) Banner over Bluford Road City of Coral Gables celebrates 85th anniversary on Apri129 The community is invited to celebrate with birthday cake at Merrick House ,~ ~ ® - .. ~ ~~, '.4` -~.... .. gill __ City Hall By Maria Rosa Higgins Fallon Apr 26 2010 It has been 85 years since Coral Gables founder George Merrick envisioned our City as an elegant community of unrivaled beauty. Together with a team of extraordinary architects, Merrick set out to create a unique suburb following the principles of the "City Beautiful" movement. Incorporated on Apri129, 1925, the City of Coral Gables is celebrating its 85th Anniversary with an open house on Thursday, April 29, from 2-6 p.m. at the Merrick House, 907 Coral Way. The public is invited to take aself-guided tour of the historic home of the Merrick family, see unique memorabilia from the early Gables and share free birthday cake and light refreshments, courtesy of Whole Foods Market Coral Gables. Coral Gables Television will also be taping birthday wish testimonials from visitors which will be aired later on Channe177. All the activities are free and open to the public. For more information, contact 305-460-5205. City of Port Richey City hosts 85th anniversary celebration The city's 85th anniversary will be celebrated today at Waterfront Park on Old Post Road. Arts-and-crafts booths, clowns, a bounce house and a dunk tank will be open to the public from 3 to 9 p.m., ending with fireworks. Save room for food, drinks and cake. MODEL LOCAL ORDINANCE Title AN ORDINANCE TO AMEND CHAPTER 21 OF THE CODE OF THE [name of local jurisdiction], [name of state'], ENTITLED [name of state motor vehicle code], BY ADDING A NEW ARTICLE _ ENTITLED "OPERATION OF GOLF CAR BASED PRODUCT VEHICLES," ("GCVs"). ARTICLE _ OPERATION OF GOLF CAR BASED PRODUCT VEHICLES, ("GCVs"). Section 1. Policy Statement. This ordinance is adopted to address the interest of public safety. GCVs are not designed or manufactured to be used on public streets and roads, hereinafter "road(s)," and the [name of local jurisdiction] in no way advocates their operation on roads. The [local government classification2], by regulating such operation, is merely addressing safety issues. Adoption of this Ordinance is not to be relied upon as a determination that operation of GCVs on roads is safe or advisable if done in accordance with this Ordinance. All persons who operate or ride in GCVs on roads do so at their risk and peril, and must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists, and pedestrians. The [name of local jurisdiction] has no liability under any theory of law, for permitting GCVs to be operated on roads under this ordinance. Any person who operates a GCV is responsible for procuring liability insurance as set forth in this Ordinance as a condition of using a GCV on the roads of the [name of local jurisdiction]. Notwithstanding the foregoing, [name of local jurisdiction] after considering the speed, volume and character of motor vehicle traffic using its public roads, has reviewed and approved the use of GCVs on public roads under the conditions and limitations hereinafter prescribed. Section 2. Definitions. The following words and phrases when used in this ordinance shall have the definitions respectively ascribed to them in this section. Whenever any words or phrases used in this chapter are not defined but are defined in the [name of state motor vehicle code] and amendments thereto, such definitions shall apply. 'Change the word "state" to "commonwealth" whenever it appears herein, if applicable. zThe "local government classification" usually means either "city," "town," or similar and applicable appellation. "Controlled Operating Environment" means (i) that territory under the jurisdiction of a Local Government designated by it for GCV use, including the privately owned land of any owner that consents to the Local Government's jurisdiction to regulate the operation of GCVs on private property; and (ii) areas in which the posted speed for the road surface on which the GCVs operate does not exceed 25 mph. "Golf Car Based Product Vehicle" or "GCV" means aself-propelled vehicle with a minimum of 4 wheels, capable of a maximum level ground speed of less than 20 mph (30 km/h), maximum rated pay load capacity of 1200 Ib (545 kg), maximum gross vehicle weight (GVW) of 2,500 Ib (1,135 kg), capable of transporting not more than four persons and which complies with the safety operations standards established in this Act. A GCV chassis and drive mechanisms conform to the GCV profile. "Profile" addresses the physical characteristics of the vehicle. The GCV "profile" is a four wheel vehicle built on a golf car chassis and drive mechanism with tires furnished or recommended by the applicable GCV OEM manufacturer and as is further set forth in either ANSI/NGCMA 2135-2004 or ANSI/ITSDF B56.8-2006, Safety Standard for Personnel and Burden Carriers. Where applicable, battery electric GCVs will be recognized as "electric vehicles" or "zero emission vehicles" and hybrid GCVs will be recognized as "alternative fueled vehicles." "GCV Path" [Class I] means a completely separated right-of-way for the exclusive use of GCVs, pedestrians and bicycles with cross flow minimized. "GCV Lane" [Class II] means a striped lane for one-way GCVs and bicycles on a public road with a posted speed limit not to exceed 25 mph. "GCV Route" [Class III] means a shared lane with motor vehicle traffic and clearly marked with GCV route signs. "Public Road" means the entire width between the boundary lines of every right of way or place open to the use of the public for purposes of vehicular travel in the [local government classification], including the streets and alleys, and, for law-enforcement purposes, the entire width between the boundary lines of all private roads that have been specifically designated "roads," "highways," "thoroughfares," or "streets" as those terms may be defined in the name of state motor vehicle code], by ordinance. Section 3. Operation of GCVs on Public Roads not otherwise designated for such operation. It shall be unlawful for any person to operate a GCV on or over any public road in the [local government classification], except as provided in this article. Section 4. Designation of public roads of the [local government classification] for GCV operation; posting of signs. (1) Pursuant to Section of the [name of state motor vehicle code], the [name of local government legislative body] may authorize by ordinance, the operation of GCVs on designated public roads within the [local government classification] after (i) considering the speed, volume, and character of motor vehicle traffic using public roads, and (ii) determining that GCV operation on particular roads is compatible with state and local transportation plans and consistent with the [State's] statewide pedestrian policy. No public road of the [local government classification] shall be designated for use by GCVs if GCV operation will impede the safe and efficient flow of motor vehicle traffic, or if the road's posted speed limit is greater than twenty-five (25) miles per hour. (2) All requests made to have specific roads designated for GCV use shall be directed to the [title of responsible officialJ. (3) Any public road of the [local government classification] designated for GCV operations shall be posted with signs indicating this designation. (4) Maps that clearly indicate locations of Controlled Operating Environments should be posted on the [name of local government]'s web site (insert URL of web site] and be distributed or made available in printed form to all known users. Section 5. Limitations and Safety Criteria. GCV operation on designated public roads of the local government classification] shall be in accordance with the following limitations: (1) No person shall operate a GCV on a public road of the [local government classification] unless that road is designated for GCV operation and is posted with the required sign(s). (2) GCVs may only be driven on roads designated on a map maintained by the [name of local government law enforcement department]. The map shall also be posted on the [local government classification]'s website, distributed to GCV registrants and made available in print form, to all known users. The [name of local government legislative body3] will periodically review the map. Citizens may request the Chief to add specific roads to the map. The [name of local government law enforcement department] will review the request and recommend to the [name of local government legislative body] whether to add roads based on an assessment of traffic volume, topography, intersections and other relevant public safety variables. (3) No GCV shall be driven across any road at an intersection where the road being crossed has a posted speed limit of more than thirty-five (35) miles per hour. (4) The maximum occupancy of a GCV traveling on roads will be one person per designated seat. (5) The use or consumption of alcoholic beverages or other mind altering substances while operating or occupying a GCV on public roads is prohibited. (6) No person shall operate any GCV on any designated public road of the [local government classification] unless he has in his possession a valid driver's license or meets the following criteria: a. Be at least 16 years old and have successfully completed an approved driver education course; b. pass a written test; and c. pass a road test administered by the [State] or its agent. Upon meeting the criteria in this section the [name of local government] shall issue a driver's license restricted to GCVs. (7) No person shall operate any GCV on any designated public road of the [local government classification] between '/z hour after sunrise and '/z hour before sunset unless, in addition to the equipment specified herein for all GCVs, equipped with head lamp(s), reflex reflectors and tail lamp(s) (rear position lamps) as set forth in ANSI/NGCMA 2135-2004, American National Standard for Personal Transport Vehicles -Safety and Performance Specifications, (See http://www. ngcma. orq). (8) GCV operators shall maintain their GCVs in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the GCV is in operation on public roads. 3e.g., city council, board of aldermen, etc. (9) GCVs operating on designated public roads of the [local government classification] pursuant to this article shall be insured by a policy of liability insurance as available. (10) All GCVs shall have the following equipment: locking brake, reverse warning device, main power switch, horn, either hip restraints or hand holds, or both safety labels, main power switch and a manufacturer's serial number plate. Section 6. Registration and Permit Process. (1) Registration. A fee of $ .00 to register a GCV for use on public roads will be charged by the [name of local government law enforcement department] to cover the costs of implementing and maintaining this Ordinance. If costs of maintenance exceed the fees collected, GCV owners may be assessed to cover the additional costs. GCV owners must complete the registration form provided for the foregoing purpose. The [name of local government law enforcement department] will issue visible proof of compliance, (certification sticker), that must be attached to the driver's side of the GCV. The completed forms will be maintained by the Department. Registration shall be denied vehicles capable of seating more than four persons. (2) Insurance. A GCV must be insured as required by [cite the State's mandatory motor vehicle insurance law], and the operator must carry proof of insurance when operating the GCV. (3) Permits. A GCV operator permit process has been established by the [local government classification]. Permitted GCV operators must meet the minimum GCV operator safety criteria set forth in paragraph (6) of Section 5. In addition, the [local government classification] shall establish the following process for permitting GCVs: A. An safety inspection process completed by a licensed GCV dealer or other designated person, to include brake system, steering mechanism, tires, headlamp, operator rear view capability, weight limitation, and seat capacity (not to exceed four persons);4 B. A permit decal showing proof of compliance. The decal shall be visibly posted on the of the permitted GCV; 40r in lieu thereof provide for certification by the owner that the GCV operating systems and accessories, including without limitation, brake system, tires, lighting and steering mechanisms, are in good, safe condition. e C. An operator's permit fee of dollars for a -year period to allow the city to recover a portion of the cost of inspection, enforcement and GCV path, lane and route plan maintenance; the permit shall be limited to the operation of a GCV; D. An education and information package describing the requirements of the [local government classification] GCV transportation program. Section 7. Enforcement of GCV transportation plan; Sanctions. The [name of local government legislative body] finds and determines that it shall provide law enforcement for the GCV transportation plan and enforce the rules and regulations of the [name of local government] Code, the [name of state motor vehicle safety code]. Any act constituting a violation of this Ordinance or a failure to comply with any of its requirements shall subject the offender to a civil penalty of one hundred dollars ($100.00), plus the court costs and attorneys' fees incurred by the [local government classification]. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the [local government classification] in a civil action in the nature of a debt. Repeat offenders may have the privileges granted by this Ordinance revoked. Section 8. Exceptions. The limitations set forth in Section 5. (1) and (2) above shall not apply to GCVs being operated as follows: (1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than mile(s) in either direction, and (ii) the speed limit on the road is no more than twenty-five (25) miles per hour; or to cross a road at an intersection where the road has a posted speed limit of not more than 35 miles per hour. (2) To the extent necessary for [local government classification] employees and [local government classification] contractors to fulfill a governmental purpose, or as otherwise authorized by the [local government classification] manager or his designee, provided the GCV is not operated on a public road of the [local government classification] with a posted speed limit over thirty-five (35) miles per hour; (3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of such institutions, provided the GCV is being operated on roads with speed limits of twenty-five (25) miles per hour or less. Section 9. Effective Date. This Ordinance shall become effective Sections 10. - 20. [RESERVED] Signed by Date [title of authenticating official] Attested by Date Clerk of the [name of the local government legislative body] E:\FLSDOCS\NGCMA\GCV Model Legislation\MODEL LOCAL ORDINANCE.clean.092006.doc ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AMENDING OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO CREATE SECTION ;PROVIDING FOR THE APPROVAL OF GOLF CART OPERATION WITHIN SPECIFICALLY IDENTIFIED COMMUNITIES AND/OR ROADWAYS BY RESOLUTION; PROVIDING FOR PROCEDURES FOR CITY COMMISSION CONSIDERATION AND APPROVAL OF GOLF CART COMMUNITIES AND ROADWAYS; REQUIRING GOLF CARTS TO BE EQUIPPED WITH STATUTORILY MANDATED SAFETY DEVICES; PROVIDING FOR HOURS OF OPERATION OF GOLF CARTS ON CITY ROADWAYS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONTROL IN EVENT OF CONFLICTS; PROVIDING FOR SEVERA ILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~ 1, WHEREAS, the City Commission has they golf carts and regulate such operation withi pursuant to Article VIII, § 2(b) of the Florida 316.212, Florida Statutes; 2. WHEREAS, citizens of the City to be driven upon certain street 3. 4. WHEREAS, the ordinarily proh" §316.212, F WHEREAS, th Ordinances to allo authorizing the operC and on roadways me Municipal law; and thorize the operation of a oundaries § 166.021, st in allowing golf carts uf"streets subject to City jurisdiction is authorized by the City pursuant to ni n desires to add to the City's Code of Commission to consider and approve resolutions golf carts within specified residential communities threshold safety requirements under State and 5. WHEREAS, to protect the health, safety, and welfare of its citizens, the City desires to prohibit the operation of golf carts along roads and thoroughfares incompatible with such operation and regulate the manner and times of the operation of golf carts upon streets subject to City jurisdiction where such operation is authorized. NOW, THEREFORE, BE IT ENACTED BY THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 6. 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, and Chapter 166 and § 316.212, Florida Statutes. 7. Section 2: Adoption. Article of Chapter of the City of Ocoee Code is hereby amended to add the following Section Sec. .Golf carts. 8. (a) Definition of golf can`. Pursuant to Florida Statute § 320.01(22), and far the purposes of this section, a "golf cart" is defined as 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: 9. (b) Golf carts generally prohibifed from oper i treets subject to City jurisdiction. Unless otherwise expressly a riz rsuant to this Section, golf carts shall not be operated upon any stre ity jurisdiction. 10. (c) Authorization to operate golf carts wit 'n an een f carf communities and on specified roadways by resolu ' ca eting the definition set forth in subsection (a) may be oper d o is s ct to City jurisdiction within the defined boundaries of e n ' co ities when such communities are approved by resolution as f ca mm ~ ies." To receive City approval, any such resolution must b ompan a requisite legislative findings as required by state it ~ e a pl r the placement of the requisite signage within of m .Golf carts may also be operated between golf cart co ities that dja , if such provision is specifically included by the City fission in th pproving resolution. Golf carts may also be operated on r ays outsid olf cart communities, when such roadways have been approved b olutio r golf cart use. The City Commission may reject a resolution or othe e a previously approved resolution if the City Commission determin at the operation of golf carts within any such community or roadway would constitute or has become a danger or detriment to the health, safety, welfare, or character of the community or the surrounding area or the City Commission otherwise determines that it cannot or will not be able to determine that such community or roadway continues to meet statutory requirements. Upon such approval, the City Commission shall cause signs in conformity with the MUTCD to be posted 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. 11. (d) Application for golf cart community authorization. A golf cart community resolution as described in subsection (c) may be proposed pursuant to one of the following methods: 12. (1) Community associations. A community governed by a community association such as a homeowners' or condominium association must have the governing body of such association adopt and submit a request in writing to the Ocoee Police Department that its community be considered for approval as a gol# cart community. Such reques# shall contain an affirmative statement from the community association that:g.olf.cartg:-.may safely be operated upon the streets of such community given the speed, volume, and character of motor vehicle traffic using the road or street and any additional information and/or evidence supporting such statement. The Ocoee Police Department shall review the request and, based upon the speed, volume, and character of motor vehicle traffic using the road or street, make a written recommendation to the Ocoee City Commission regarding approval of the request. 13. (2) Other communities. The City Commi ion may also, upon its own initiative or upon citizen petition, direct the 'ce Department to crea map or other diagram delineating recom ded daries of a golf cart community or roads upon which golf carts a ted to be presente the City Commission for approval. to a d to 14. (e) Equipment and minimum communities or on approved r steering apparatus, safe tires, devices in both the front andj resolution to be oper ed be additionally equi ro signals, and dshiel . ca erated within golf cart e r lent brakes, reliable irro d red reflectorized warning t are allowed by the approving sunset and sunrise shall be g headlights, brake lights, turn 15. (f) Hours of o 'on. Golf c meeting the minimum equipment standards established ins tion (e ove for operation between the hours between sunset and sunrise I e operated between the hours of 5:00 a.m. and 10:00 p.m., if permitte he approving resolution. Golf carts that do not meet the minimum equipmen standards for operation between sunset and sunrise shall only be permitted to operate during the hours between sunrise and sunset. 16. (g) Compliance with traffic laws. Operators of Golf carts shall comply with all applicable traffic laws. 17. (h) Regulations. Regardless of whether a particular community is designated as a golf cart community or a roadway is approved for use by golf carts, golf carts shall be subject to the following restrictions at all times: 18. (1) Unless otherwise expressly authorized pursuant to general law or the enabling resolution, no golf cart shall be operated upon a road with a posted speed limit in excess of twenty-five (25) miles per hour. 19. (2) A golf cart being operated upon a road with a posted speed limit of twenty-five (25) miles per hour or less may, for the sole purpose of continuing travel along such road, be operated across an intersecting street with a posted speed limit in excess, of twenty-fve,(25) miles per hour but not to exceed thirty- five (35) miles pet h6~t; provtd~d tFr~t such intersection is governed by a 4-way stop sign or traffic signal. 20. (3) No golf carts shall be operated upon those roads that the City has identified as arterial or collector roads unless otherwise authorized by the enabling resolution. 21. (4) A golf cart shall not be operated upo a state highway unless otherwise authorized pursuant to Florida St t .212(2), or any other applicable State statute. _ 22 (i) Enforcement. The Ocoee Police Deb provisions set forth herein by issuance pursuant to § 316.212(9). Enforcem established by community associaf each community. 23. (j) Unlicensed driver who doi operate a go following r (1) Mustf (2) Must be adjacent in all e all e specific arm raffic Citation lulations created and the sole responsibility of fi n unlicensed driver, defined as a a valid state-issued driver's license, to Mess such driver complies with the years of age or older; and by a properly licensed driver immediately 24.SECTION 3: Codification: This Ordinance shall be codified and made part of the City of Ocoee Code of Ordinances. 25.SECTION 4: Control: In the event of a conflict or conflicts between this ordinance and other ordinances, this ordinance controls. 26.SECTION 5: Severability: If any section, subsection, sentence, clause, phrase or provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independen# provision and such holding shall not affect the validity of the reaming portion hereto. 27.SECTION 6: Effective Date: This Ordinance shall become effective upon passage and adoption. 28. PASSED AND ADOPTED this day of , 2010, by the City Commission of the City of Ocoee, Florida. Golf Car Based Product Vehicle Model Legislation -Introduction Attached is a model state enabling act to authorize local governments to enact ordinances allowing Golf Car Based Product Vehicles, ("GCVs), as defined in the model enabling act, to operate on or across public roads under defined circumstances and on private roads where local government jurisdiction applies. Also attached is a model local ordinance complying with the model state enabling act requirements.' The models have been drafted under the auspices of the National Golf Car Manufacturers Association, ("NGCMA"), a nonprofit trade association comprised of the leading manufacturers of golf cars2 and personal transport vehicles. NGCMA is the sponsor of ANSI/NGCMA 2130.1-2004, American National Standard for Golf Cars - Safety and Performance Specifications; and ANSI/NGCMA 2135-2004, American National Standard for Personal Transport Vehicles -Safety and Performance Specifications. "Golf Car Based Product Vehicle" or "GCV" means aself-propelled vehicle with a minimum of 4 wheels, capable of a maximum level ground speed of less than 20 mph (30 km/h), maximum rated pay load capacity of 1200 Ib (545 kg), maximum gross vehicle weight (GVW) of 2,500 Ib (1,135 kg), capable of transporting not more than four persons and which complies with the safety operations standards established in this Act. "Low Speed Vehicles" ("ESNs") are not included in the definition of GCVs.3 Where applicable, battery electric GCVs will be recognized as "electric vehicles" or "zero emission vehicles" and hybrid GCVs will be recognized as "alternative fueled vehicles." LSVs are presently the subject of AAMVA model legislation drafted by its Legal Services (LS) Committee and already the subject of legislation in a majority of states. ' Users are cautioned that if language is changed in the Model State Enabling Act the change must be correlated with the Model Local Ordinance and vice versa. 2 A "golf car" is defined in ANSI/NGCMA 2130.1-2004 as a vehicle used to convey a person or persons and equipment to play the game of golf in an area designated as a golf course; to qualify as a golf car the vehicle's average speed shall be less than 15 MPH (24 km/h) on a horizontally level surface, 0.5% grade (0.3 degrees) comprised of a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface. s Low Speed Vehicles or "LSVs" are defined in Section 1.1 of FMVSS 500, 49 CFR 571.500. Low speed vehicle means a 4-wheeled motor vehicle, whose speed attainable in 1 mile (1.6 km) is more than 20 miles per hour (32 kilometers per hour) and not more than 25 miles per hour (40 kilometers per hour) with not more than a 1 percent gradient in the direction of testing and not more than a 2 percent gradient perpendicular to the direction of testing. The need for a model GCV enabling act and model GCV local ordinance becomes apparent when an analysis of state and local legislative enactments addressing the use of GCVs on public roads demonstrate numerous discrepancies between them. Specifically, a noticeable lack of uniformity exists among the various jurisdictions regarding nomenclature and profilea of the vehicles being addressed. There are over 5000 political jurisdictions in this country. The confusion created by lack of uniformity in vehicular nomenclature, required equipment, profile, and conditions for permitting use of GCVs on public roads may only be enhanced unless a standard is pursued that can be adopted by those states and local governments desiring to provide for the use of GCVs on public roads. An apparent lack of knowledge of vehicular industry classifications as established in both ANSI and SAE safety and performance specifications5 is evident. The state and local laws reviewed show a lack of comprehension of established safety standards, long recognized in the GCV industry but apparently unknown or ignored by legislators and their staff who authored these laws. FMVSS 500 adopted by the National Highway Administration, ("NHTSA"), does not apply to GCVs incapable of speeds of between 20 and 25 mph. Thus, golf cars, PTVs and personnel and burden carriers which presently comprise the universe of GCVs are not affected by NHTSA preemption. However, when GCVs are modified to increase their speed on a level surface to 20 mph up to 25 mph, then the dealer or person who makes the modification becomes the final vehicle manufacturer and responsible for compliance with FMVSS 500. Considerable public demand for low cost, private, local vehicular transportation exists. As opposed to the higher priced LSVs, GCVs, (vehicles a "Profile" addresses the physical characteristics of the vehicle. The GCV "profile" is a four wheel vehicle built on a golf car chassis and drive mechanism with tires furnished or recommended by the applicable GCV OEM manufacturer and as is further set forth in either ANSI/NGCMA 2135-2004 or ANSI/ITSDF 656.8-2006, Safety Standard for Personnel and Burden Carriers. e See, e.g., SAE J2358 (March 2002) describing a "A Personal Neighborhood Vehicle (PNV) [having] the same specifications as a LSV with the exception that the maximum level ground speed does not exceed 20 MPH (32 km/h)." Cf. ANSI/NGCMA 2135-2004 defining a Personal Transport Vehicle (PTV). Both the PNV and PTV derive their chassis and drive mechanisms from the golf car as defined in 2130.1. Golf cars occupy the range of allowable speeds on a level plane up to 15 mph; PTVs and PNVs occupy the range up to 20 mph; and LSVs including NEVs, the range between 20 and 25 mph. s See, e.g., `°Golf cart battle shifting into high gear," FLORIDA TODAY(April 23, 2006). 2 incapable of speeds of 20 to 25 mph), present a readily and economically acceptable alternative to a second or third automobile for many families. Also, electric powered or alternative fueled GCVs contribute to cleaner air requirements in non-attainment areas. Lastly, the regulated and limited use of GCVs affords the opportunity for young operators 16 years old and older to learn safe driving skills and instills a sense of responsibility and accountability inherent in the use of motorized vehicles. The primary and driving objective is public safety. Public safety will be enhanced by a larger degree of uniformity in (i) the equipment required; (ii) equipment performance standards; (iii) permissible operating venues for GCVs; and (iv) minimum operating safety standards adopted by the various jurisdictions for regulating the use of Golf Car Based Product Vehicles. In drafting the models, NGCMA consulted existing state and local law dealing with the use of golf cars and neighborhood electric vehicles on public streets, including, without limitation, Florida, Georgia, North Carolina, Virginia, California and Arizona. It is believed Florida, California and Arizona, in particular, have the largest number of independently owned GCVs operating on streets, whether public or private. E:IFLSDOCS\NGCMA\GCV Model LegislationWIODEL GCV LEGISLATION.INTRODUCTION.clean.092006.doc 3