Loading...
ORD 1290 10/08/2019 OF C/& J w„ O o ................ T e X A s "City of Choice" ORDINANCE NO. aq� AN ORDINANCE AMENDING THE CITY OF CIBOLO'S CODE OF ORDINANCES CHAPTER 74 (TRAFFIC AND VEHICLES) ARTICLE H (OPERATION OF VEHICLES) OF THE CITY OF CIBOLO, TEXAS, BY ESTABLISHING DIVISION 1 (GENERAL) AND 2 (GOLF CARTS AND NEIGHBORHOOD ELECTRIC VEHICLES); ADDING TO DIVISION 2 SECTIONS 74-41 THROUGH 74-48 REGARDING THE USE OF GOLF CARTS AND NEIGHBORHOOD ELECTRIC VEHICLES ON STREETS AND ROADS IN THE CITY OF CIBOLO, TEXAS, PROVIDING FOR CUMULATIVE AND SEVERSBILITY CLAUSES AND ESTABLISHING A PENALTY BY FINE NOT TO EXCEED$200.00 FOR VIOLATION. WHEREAS, Cibolo is a home rule municipality declared by its charter to have inalienable ownership, right of control and use of streets, highway, alleys, parks, public places, right-of-way and all other real property of the City; and WHEREAS, Texas Transportation Code Chapter 551 authorizes municipalities, within prescribed circumstances to allow the use of golf carts and neighborhood electric vehicles on public roadway;and WHEREAS, in response to citizens request City Council has requested the City Manager review the benefits and burdens associated with allowing golf carts and neighborhood electric vehicles on public streets and roads with speed limits that do not exceed 35 miles per hour during the hours of 6am to IOpm; and WHEREAS,after consultation with the Chief of Police and the City Attorney,the City Manager finds no objection to allowing golf carts and neighborhood electric vehicles on public streets and roads with speed limits that do not exceed 35 miles per hour provided that sufficient safeguards are codified in a regulatory ordinance;and WHEREAS, as City Council finds the use of golf carts and neighborhood electric vehicles may reduce overall vehicle emissions and use of golf carts and neighborhood electric vehicles are an environmentally friendly alternative to use of traditional passengers vehicles; and WHEREAS, City Council find that the unfettered use of golf carts and neighborhood electric vehicles on public streets and roads would imperil public safety;and WHEREAS, City Council determines it would be detrimental to public safety to allow golf carts and neighborhood electric vehicles, to be used for commercial purposes as described in Texas Transportation Code Section 551.455;and 1 WHEREAS, City Council determines that the regulations prescribed by this Ordinance rationally relate to the protection of the health, safety and welfare of the citizens of Cibolo, by allowing for the safe operation of golf carts and neighborhood electric vehicles on public streets and roads. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: Section 1. Establishment of New Division. Chapter 74, Article II of the Code of Ordinances of the City of Cibolo, Texas is hereby amended by establishing a new Division 1, which shall be entitled "General" and which shall include existing Code Sections 74-32 through 74-37 and reserve sections 74-38 through 74-40. Section 2. Amendment to City Code of Ordinances. Chapter 74 of Article II the Code of Ordinances of the City of Cibolo, Texas is hereby amended to adding a new Division 2 (entitled "Golf Carts and Neighborhood Electric Vehicles), which includes the language set out in Exhibit "A" attached hereto and incorporated herein for all purposes. Section 3. Cumulative. This ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. Section 4. Severability. This Ordinance is severable as provided in City of Cibolo Code of Ordinances Section 1-12. Section 5. Effective Date. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effective immediately upon the passage and approval of the City Council of the City of Cibolo, Texas, and publication as required by Section 3-13(3) of the City Charter. PASSED AND APPROVED by a vote of -7 for, to _4 against this F day of 2019. APPROVED: Stosh Boyl / Mayor ATTEST: APPROVED TO FORM: Peggy Cimics,TRMC City Attorney City Secretary 2 Exhibit"A" ARTICLE II. OPERATION OF VEHICLES Division 2. Golf Carts and Neighborhood Electric Vehicles Sec. 74-41. Operation of Golf Carts and Neighborhood Electric Vehicles. The operation of a golf cart or a neighborhood electric vehicle on a public roadway within the corporate limits of the City is prohibited except as authorized by the Division. Sec. 74-42. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Golf Cart/Neighborhood Electric Vehicle" means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course or a neighborhood; provided that the maximum achievable speed of the golf cart or neighborhood electric vehicle does not exceed 35 miles per hour. The term golf cart or neighborhood electric vehicle does not include those motorized conveyances commonly referred to as all-terrain vehicles, off-road vehicles,four-wheelers, mules,gators, or any vehicle which was altered to allow such vehicle to travel at a speed greater than 35 miles per hour. "Operator" means the person driving and having physical control over the golf cart or neighborhood electric vehicle. "Owner" means the person holding title to the golf cart or neighborhood electric vehicle. "Slow moving vehicle sign" means a sign having a reflective surface designed to be clearly visible in daylight or at night from the light of standard head lamps at a distance of at least 500 feet and mounted on the rear of the golf cart or neighborhood electric vehicle at a height from 3 to 5 feet above the road surface. "Street" means a public roadway of the City of Cibolo, Texas, whether called a road, alley, avenue, highway, route, boulevard, street, or other description. Sec. 74-43. Golf Cart and Neighborhood Electric Vehicle Operation. (a) Prohibition and exceptions. The operation of a golf cart or neighborhood electric vehicle on any street within the City of Cibolo,Texas, is hereby prohibited except for those street that: (i) have a posted speed limit of 30 miles per hour or less; and (ii) provide for no more than two lanes of vehicular traffic per direction; and (iii) are not designated as part of either the state or federal highway system. Sec. 74-44. Golf Cart and Neighborhood Electric Vehicle Registration. (a) Registration required: Before any golf cart or neighborhood electric vehicle may be operated on any street in the City, the golf cart and neighborhood electric vehicle must be registered with the City of Cibolo as provide below: 1) Procedures. The Chief of Police shall establish registration procedures and provide a decal/sticker which can be affixed to the golf cart/neighborhood electric vehicle indicating it has been registered. The purpose of the registration requirement is to ensure that the golf cart/neighborhood electric vehicle meets the equipment requirements and the owner/operator has proof of financial responsibility as required by this ordinance. 2) Registration Fee. The cost for the permit shall be $25.00 annually. The permit is valid from January 1St to December 31St of said year provided the golf cart/neighborhood electric vehicle maintained and continues to meet the equipment and insurance requirements. In the event that ownership of a registered golf cart/neighborhood electric vehicle is transferred to another, the new owner shall be required to submit a new application and pay the required registration fee. 3) Revocation of Permit. The Chief of Police may revoke a permit upon a finding that the registrant failed to maintain financial responsibility as required by this Division or the golf cart/neighborhood electric vehicle is in disrepair and fails to meet the required equipment standards of this Division. A permit holder may appeal the revocation of a permit to the City Manager by submitting a written notice of appeal to the City Secretary within ten days of notification of the revocation. The City Manager shall set an informal hearing with the permit holder, and a representative of the Police Department. At the conclusion thereof the City Manager shall render a decision, which shall be final. Sec. 74-45 Required equipment for golf cart/neighborhood electric vehicle. (a) To operate on a street a golf cart/neighborhood electric vehicle must be equipped with the following minimum equipment: (1) Operational head lamps (2) Operational tail lamps (3) Side reflectors (4) Operational parking brake (5) Rear view mirror or mirrors (6) Seatbelts (7) Brake lights (8) Turn signals (9) Horn; and (10) Slow moving vehicle sign, which shall be maintained in a clean, reflective condition at all times. Sec. 74-46. Operational Regulations. (a) To operate a golf cart/neighborhood electric vehicle on a street the operator of the golf cart/neighborhood electric vehicle shall: (1) be licensed to operate a motor vehicle and shall have a valid driver's license in his or her possession at all times; and (2) obey all traffic regulations applicable to vehicular traffic; and (3) never operate a golf cart/neighborhood electric vehicle on sidewalks, except as allowed in subsection (b) immediately below; and (4) never pull a trailer or other objects or people; and (5) never exceed the seating capacity of the golf cart/neighborhood electric vehicle, as designed or designated by the manufacturer. (b) Crossing streets and sidewalks. It is not a violation of this Division for a golf cart/neighborhood electric vehicle to cross a street, on which the operation of a golf cart/neighborhood electric vehicle would otherwise be prohibited, or sidewalk if such crossing is for the purpose of gaining access to a street, on which the operation of a golf cart/neighborhood electric vehicle is not prohibited; providing, such crossing is performed in a safe manner with due regard for oncoming traffic and pedestrians; and, the travel across the street, on which the operation of a golf cart/neighborhood electric vehicle would otherwise be prohibited, or sidewalk is only for the minimum distance reasonably necessary to gain access to a street on which the operation of a golf cart/neighborhood electric vehicle is not prohibited. (c) Operational rules applicable to operates and passengers. Golf cart/neighborhood electric vehicle operators and passengers shall be restrained by seatbelts or safety seats as in accordance with the Transportation Code at all times while the golf cart/neighborhood electric vehicle is in motion. (d) Maintain financial responsibility. A person may not operate a golf cart/neighborhood electric vehicle on a street in Cibolo unless financial responsibility is established for that golf cart /neighborhood electric vehicle as provided in Texas Transportation Code Sec. 601.051, as same may be amended, recodified or otherwise revised. Sec. 74-47. Commercial Operations Prohibited. The operation of golf carts/neighborhood electric vehicles on streets for the commercial picking up or delivering mail, parcels, or packages, or any other commercial purpose is prohibited. Sec. 74-48. Penalty Any person violating any provision of this Division within the city limits shall be guilty of a Class C Misdemeanor; and, upon conviction, shall be punished by fine not to exceed $200.00. Sec. 74-48—74-67 reserved.