§ 18-152. Golf carts.

Notwithstanding the provisions of F.S. § 316.212 prohibiting the operation of golf carts, as defined by this article, upon the public roads and streets of the State of Florida, it shall be lawful for any person as designated herein to operate a golf cart upon the roadway portion(s) of those certain streets and/or roadways designated in this section and in accordance with the restrictions and regulations prescribed herein.

(1)

Purpose and intent. It is the purpose and intent of this section to permit and regulate the operation of golf carts on designated city streets located within the city. The provisions of this section shall not be construed and/or interpreted to authorize any use of the city's rights-of-way, roads and/or streets which is not authorized by Florida law.

The restrictions and regulations set forth in this section, as related to golf cart operations, are, to some extent, more restrictive than those set forth in F.S. § 316.212 in order to protect the health, safety and general welfare of the citizens and residents of the city, in such manner as the city commission has determined necessary and appropriate.

The restrictions and regulations set forth in this section shall only apply to the operation of golf carts and not to the operation of low-speed vehicles and/or utility vehicles (as defined above).

(2)

Authorized operation of golf carts on designated city streets by licensed drivers. It shall be lawful for any person holding a valid driver's license to operate a golf cart on the city streets designated herein in strict accordance with F.S. § 316.212 and any amendments thereto and any other provisions of the Florida Statutes regulating the use of golf carts on public streets.

All persons operating a golf cart upon and/or across any public street shall comply with all applicable traffic laws regarding the operation of vehicles. Nothing herein shall relieve the operator of a golf cart from strict compliance with any and all traffic laws and ordinances otherwise pertaining to the operation of a vehicle.

(3)

Authorized operation of golf carts on designated city streets by unlicensed drivers. Any person without a valid driver's license operating a golf cart on the city streets designated herein shall be at least sixteen (16) years of age, possess a valid learner's permit, and said unlicensed operator shall be accompanied by a person at least twenty-one (21) years of age with a valid driver's license. Provided, however, any person whose driver's license is currently suspended and/or revoked shall not operate a golf cart on the city streets designated herein nor accompany an unlicensed operator of a golf cart on the city streets designated herein.

(4)

Designated city streets. Subject to applicable Florida law, it shall be unlawful for any person to operate a golf cart on the city's sidewalks, rights-of-way, and any other location on which a motor vehicle may not legally operate. Operators of golf carts equipped as described in subsection (5) herein (see below) shall use standard hand and arm signals to advise other motorists of their intention to turn or change lanes.

Pursuant to F.S. § 316.212(1) and (8), the city commission has designated city streets on which golf carts may be lawfully operated in strict accordance with this article.

Golf carts may be operated on city streets, within the following area, where the posted speed limit is twenty-five (25) miles per hour or less:

That area bounded on the North by South Lake Silver Drive on the South by Avenue "C," S.W. on the West by Sixth (6th) Street and on the East by First (1st) Street as more particularly depicted on the locational map attached to the ordinance from which this section is derived as Exhibit "A" and incorporated herein by reference.

(5)

Equipment requirements for operation of golf carts. Subject to F.S. § 316.212 and applicable Florida law, all golf carts shall be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear of the golf cart. All golf carts shall also be equipped with brake lights and a windshield.

(6)

Hours of operation. Golf Carts equipped as described in subsection (5) (see above) may operate on the city streets designated herein anytime between thirty (30) minutes after sunrise to thirty (30) minutes before sunset.

Golf carts equipped with headlights, taillights and turn signals in addition to items in subsection (5) (see above) may operate on the city streets designated herein anytime between 5:00 a.m. and 10:00 p.m. The city manager may extend hours of operation in conjunction with special events. The request to extend hours will be included in the special event permit application and the modified hours of operation will be specified in the approved permit.

(7)

Operation on state and county roads. Nothing in this section shall be deemed to authorize the operation of a golf cart on a state and/or county road.

Golf carts may not be operated on state or county roads within the city limits or on sidewalks adjacent to state or county roads within the city limits. Golf carts may not cross state or county owned roads unless specifically permitted by the Florida Department of Transportation or Polk County respectively.

(8)

Operation of golf carts within gated communities and/or by city staff. This section does not regulate operation of golf carts in gated communities with private roads nor does it regulate the operation of city-owned golf carts, utility vehicles and/or related equipment by city staff in conjunction with special events and/or routine maintenance.

(9)

Licensed use and revocation; legislative authority. All operation of golf carts on the city streets designated herein shall be in strict accordance with this section.

a.

Licensed use. The operation of golf carts on the city streets designated herein shall be deemed to be pursuant to a revocable license (the "license") granted by the city for the use on the city streets designated herein for the limited purposes prescribed in this section.

b.

Revocation of license. Upon the will of the city commission, acting in its legislative capacity, the license may be revoked based upon the public's health, safety, and general welfare considerations.

c.

Legislative authority. This section is declared by the city commission to be a legislative act made pursuant to its home rule authority and authority granted by Florida law. The license shall not limit or otherwise preclude the city commission from amending this section, and/or revoking or repealing this section, contracting or expanding the city streets on which golf carts may be lawfully operated. The city commission retains the authority and right to revoke, amend, or otherwise legislate as to the operation of golf carts on city streets without liability of any kind arising from said legislative decisions.

(10)

Waiver of claims. All persons operating or otherwise occupying a golf cart as a passenger on the city streets designated herein, pursuant to the license granted in subsection (9) herein (see above), shall do so on the express condition that there shall be no claim for any monetary loss and/or other claim for the loss of allowed golf cart operation on any city street designated herein based on action or inaction in reliance on the provisions of this section or based on any revocation of the license.

Any person operating a golf cart and all persons who are passengers in such golf cart(s) shall be deemed to have waived any claim against the city for its legislative decision to allow the operation of such golf carts on the city streets designated herein in compliance with this section and applicable Florida law.

(11)

Enforcement. This section shall be enforced as provided in section 18-156.

(Ord. No. O-14-09-R, § II, 7-7-14)