Hawk Cove:Ord 2015-005

ORDINANCE NO. 2015-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS TO PERMIT THE USE OF GOLF CARTS IN THE CITY ON CERTAIN PUBLIC STREETS SUBJECТ ТО СОМPLIANCE WITH CITY ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PENALTY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Texas Transportation Code H.B. No. 2553 authorizes the governing body of a municipality to regulate and control the operation of a motorized carts (golf carts only) within the City's legal boundaries and on its public streets to ensure the public safety of the community; and

WHEREAS, the City Council of the City of Hawk Cove, deems it to be in the best interest and safety of the citizens to regulate and control the operation of motorized carts (golf carts only) within the City's legal boundaries and on its public streets.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS THAТ:

SECTION 1

The facts and opinions in the preamble of this ordinance are true and correct and are hereby adopted by the City Council and made a part hereof for all purposes.

SECTION 2 - Applicability.

The provisions of this ordinance shall apply to all motorized carts operated upon a public street within the City of Hawk Cove except:

The operation of golf carts is not subject to the provisions of this article under the following circumstances:

(a) The operation of golf carts on private property, with the consent of the owner.

(b) The operation of a golf cart in connection with a parade, a festival or other special event provided the consent of the sponsor is obtained and provided such vehicle is only used during such event.

(c) The use of golf carts by the City of Hawk Cove on official police business or the use of golf carts by City personnel for official business on City owned property and City leased property.

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning.

Driver means the person driving and having physical control over the motorized cart.

Driver's License means an authorization issued by a State for the operation of a motor vehicle. The term includes

(1) a temporary license of instruction permit; and

(2) an occupational license.

Motorized cart means those eclectic and gasoline powered carts, commonly referred to as golf carts, but which must have a minimum of four wheels and which have an attainable top speed no greater than 25 miles per house on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low speed vehicles. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, and gators.

Owner means the person holding title to the motorized cart.

Street means the public roadways of the City of Hawk Cove by whatever name, e.g. road, avenue, highway, route, boulevard, etc. that

(a) has a posted speed limit of 35 miles per hour or less; or

(b) provides for no more than two lanes of vehicular traffic per direction.

Traffic way is 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 lines of a roadway system.

SECTION 3

1. Operational Regulations.

(a) All drivers of motorized carts shall hold a valid driver's license (521.001) to operate a motorized cart on any city street.

(b) All drivers of motorized carts shall abide by all traffic regulations applicable to vehicular traffic when using the authorized streets and parking areas of the City.

(c) All motorized carts must be equipped with headlamps, tail lamps, reflectors; parking brakes, and mirrors (551.404) if being driven on roadways.

(d) All motorized carts are entitled to a full use of a lane on the authorized streets and parking areas of the City and no motor vehicle shall be driven in such a manner as to deprive any motorized cart of the full use of a lane (551.403).

(e) All motorized carts must have a "slow moving vehicle" sign attached to the cart (547.703).

(f) Motorized carts may only be parked in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of motorized carts in areas where parking is not allowed or in a place that impedes the flow of traffic. Motorized carts shall not park within any space designated for disabled persons unless a current disabled parking placard is displayed and the person to whom the placard was issues is operating or being transported by the cart.

(g) Motorized carts are prohibited from being used for the purpose of towing another cart, trailer, boat, Jet Ski, or any other vehicle of any kind including a person on roller skates, skateboard, or bicycle.

(h) Driver and passengers shall

(1) Be limited to the seating capacity as designed by the manufacturer

(2) Be seated at all times while the cart is in motion.

(3) No part of the body shall extend outside the perimeter of the motorized cart while the cart is being operated.

(4) If under the age of seven (7), be restrained by either a adult or by a seatbelt.

(5) The operator shall not permit any occupant of the cart to ride in the lap of any occupant while the cart is in motion.

(i) Motorized carts shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred (500) feet.

(j) All motorized carts are prohibited from being operated on city streets after day light hours.

2. Liability.

Nothing in this section shall be construed as an assumption of liability by the City of Hawk Cove for any injuries to persons, pets or property which may result from the operation of a motorized cart by an authorized driver.

Owners are fully liable and accountable for the actions of any individual that they provide permission to operate and drive said motorized cart, both on personal and/or city and public properties. This described liability responsibility especially applies to personal injuries or property damage resulting from motorized cart drivers who are minors under the age of 21 with or without a current valid Texas driver's license.

3. Penalties.

Any person who violates the terms of this section shall be penalized by fines deemed necessary through the Texas Transportation Code.

SECTION 4

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance.

SECTION 5

This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF APRIL 2015.