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2021-06 Code Amendment - Golf CartsORDINANCE NO. 2021-06 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IV, "GOLF CARTS;" PROVIDING FOR DEFINITIONS; PROVIDING FOR THE OPERATION OF GOLF CARTS WITHIN THE VILLAGE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residents of the Village have expressed an interest in allowing golf carts to be driven upon streets within the Village's jurisdiction; and WHEREAS, the operation of golf carts upon local streets is generally prohibited unless otherwise authorized by the Village pursuant to Section 316.212, Florida Statutes; and WHEREAS, due to the relative costs of motor vehicle volatile fuels and the desire to provide for energy efficient vehicles, the Village Council wishes to allow golf carts to operate within the Village and having considered the speed, volume and character of motor vehicle traffic on Village roadways, the Village Council has determined that golf carts may safely travel on or across public streets and alleys within the Village as set forth in this Ordinance; and WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the health, safety and welfare of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinances by adopting a new Article IV to read as follows (additional language underlined): ARTICLE IV. GOLF CARTS Sec. 18-45. Definitions. For the purposes of this article, whenever the following words or terms are used in this article, they shall have the meanings ascribed to them in this section, except where the context requires otherwise: Golf cart means a motor vehicle as defined in F.S. §320.01(22), as amended, 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 20 miles per hour. Page 1 of 3 Private community means a single or multi -family community that is regulated by F.S. ch 718 (condominiums); F.S. ch. 719 (cooperatives):, or F.S. ch. 720 homeowners' associations). Traffic control device means an approved sign or signs permitting or prohibiting the parking or operation of golf carts on a street, alley, driveway, parking lot or other area, or regulating_speed, or regulating_parking. Sec. 18-46. Operation of golf carts. (a) Authorization to berate golf carts. In accordance with F.S. §316.212(l), golf carts meeting the definition set forth in section 18-45 above may be operated within the Village on the streets, alleys and parking areas open to the public and designated in this article, and on private property, and within private communities on such private driveways, parking lots, or private streets designated for golf cart use by the private community. Each private community which allows the use of golf carts shall Provide adequate traffic control devices advising that it is a "golf cart community," and regulating the use of golf carts and designating the areas where golf carts may be operated and parked. (b) Compliance with state statutes. All operators of golf carts within the Village shall comply with the provisions of the state statutes pertaining to the operation of golf carts and of motor vehicles. Any violation of such statute(s) shall also be a violation of this article. Golf cart operators shall comply with all applicable local and state traffic control devices, and operators of golf carts may be issued a citation or summons for traffic and moving violations in the same manner as other motor vehicles. (c) Equipment and minimum standards. All golf carts operated within the Village shall meet the minimum equipment standards established by F.S. §316.212. Golf carts operated before sunrise and after sunset must be equipped with headlights, brake lights, turn signals, and a windshield. In addition, on the rear of the golf cart, all golf carts shall be equipped with two round red reflectors, each at least three inches in diameter, and affixed to the rear of the golf cart, within six inches of each side edge In the alternative, a triangular slow-moving vehicle emblem (SMV) approved for use on vehicles by the state department of highway safety and motor vehicles may be affixed to the rear of the golf cart. (d) Designation of certain village streets, county roads and state highways Golf carts may only e operated within the Village as permitted or prohibited below: ( 1) Operation of a golf cart shall be permitted on the roadway portion of all village streets and alleys, unless prohibited by a traffic control device, or as otherwise provided herein, and in general conformance to any lawful traffic control devices. (2) Operation of a golf cart in Village parks is prohibited, except where permitted by a traffic control device. Page 2 of 3 3) Operation of a golf cart is prohibited on any county road or state highway, unless the village shall have first obtained the consent or permission of the count or state, as required by law, and where permitted by a traffic control device. Those road segments include, but are not limited to: U.S. Highway One Northlake Boulevard Prosperity Farms Road Alternate A 1 A Monet R once (e) Private community enforcement. Golf carts operated within private communities shall be subject to the enforcement of rules and regulations established by the private communities, which shall be the sole responsibility of each such community, except where jurisdiction has been granted to the Village police department for traffic law enforcement by the community. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 8TH DAY OF APRIL, 2021. PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF APRIL, 2021. R ' (Village Seal) -. . VICE MAY i ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3