HomeMy WebLinkAboutORD 703ORDINANCE NO. 703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT
MUNICIPAL CODE SECTION 10.76 PERTAINING TO TRAFFIC
REGULATIONS FOR CERTAIN GOLF CARTS ON CERTAIN STREETS,
SUBJECT TO THE SAFETY GUIDELINES AND OPERATOR
RESTRICTIONS DESCRIBED IN THE CITY OF PALM DESERT
GOLF CART LANE PLAN/TRANSPORTATION PILOT PROGRAM
WHEREAS, the State of California Assembly Bill 3298 is a State -mandated local
program authorizing the City of Palm Desert to develop a Golf Cart Transportation
Pilot Program; and
WHEREAS, the California Vehicle Code prohibits the use of golf carts on the
public streets except those uses permitted in CVC 21115 and 21716; and
WHEREAS, the State of California Assembly Bill 1229 is an act to add and
repeal Chapter 5, Division 2.5, of the Streets and Highways Code Sections 1930-1937
and amend Section 21716 of the Vehicle Code relating to vehicles; and
WHEREAS, Assembly Bill 1229 authorized the Golf Cart Transportation
Program to commence in the City of Palm Desert on January 1, 1993; and
WHEREAS, Assembly Bill 1229 establishes a City of Palm Desert five-year pilot
program allowing golf carts on the public streets in accordance with the Golf Cart
Lane Plan, more commonly known as the City of Palm Desert Golf Cart Transportation
Pilot Program; and
WHEREAS, it is the further intent of the Legislature and the City Council that
the golf Cart Lane Plan be designed and developed to accommodate the sportsperson ,
businessperson, shopper, student, and employee; and
WHEREAS, the Golf Cart Transportation Committee assisted in the preparation
of the plan to meet and alleviate the concerns of the environmental community, law
enforcement, transportation planners, local authorities, industry representatives,
and other interested parties; and
WHEREAS, a Golf Cart Lane Plan has been adopted by the City Council for the
use of permitted golf carts by permitted golf cart drivers; and
WHEREAS, the City Council finds and determines that preservation of public
health, safety, and welfare requires the immediate enforceability of certain permit,
design, and operator safety requirements provided by the Golf Cart Plan.
ORDINANCE NO. 703
NOW, THEREFORE, the City Council of the City of Palm Desert, California,
DOES HEREBY ORDAIN as follows:
Secticul 1. That Chapter 10.76 of the Palm Desert Municipal Code is
amulided to read as follows:
Section 10.76.010 - Purpose and Intent
Assembly Bill No. 1229 authorizes the City of Palm Desert to establish
a five-year Golf Cart Transportation Pilot Program commencing January
1, 1993. It is the intent of this legislation and the City of Palm Desert
to develop an electric golf cart transportation system to accommodate
the employee, student, businessperson, and shopper as well as the
sportsperson. It is the further intent of the legislation to authorize the
City of Palm Desert to carry out an electric golf cart transportation
program that extends the use of the golf Cart beyond the existing law
provided the City establish golf cart lanes, minimum golf cart
standards, operation requirements, permit procedures, and reporting
practices.
Section 10.76.020 - Definitions
The following words and phrases when used in this plan shall have the
definitions respectfully ascribed to them in this section. Whenever any
words or phrases used in this plan are not defined but are defined in
the California Vehicle Code and amendments thereto, such definitions
shall apply.
(a) "City" means the City of Palm Desert.
(b) "Golf Cart" means an electric motor vehicle having not less than
three wheels in contact with the ground and an unladen weight
of less than 1, 300 pounds which is designed to be and is operated
at not more than 15 miles per hour and is designed to carry golf
equipment and not more than two persons, including the driver.
(c) "Golf Cart Lanes" means all publicly -owned facilities that provide
for golf cart travel. There shall be three categories of golf cart
lanes :
(1) Class I golf cart lanes provide a right-of-way completely
separated from any highway, designated for the exclusive
use of golf carts, with cross traffic by other motorists
minimized.
(2) Class II golf cart lanes provide a restricted right-of-way
on a highway designated by striping and signage for the
exclusive or semi -exclusive use of golf carts, with through
travel by motor vehicles or pedestrians prohibited, but
with vehicle parking and cross traffic by pedestrians and
other motorists permitted.
ORDINANCE NO. 70s
(3) Class III golf cart lanes are lanes on local streets with
speed limits of 25 miles per hour or less and are shared
with pedestrians and other motorists.
Section 10.76.100 - Golf Cart Minimum Design Criteria
The City Council finds that minimum golf cart design criteria for
operation on golf cart lanes have been established by the City Engineer
and Golf Cart Transportation Committee. The following elements are
minimum design requirements:
(a) The golf cart must be electrically powered.
(b) The golf cart must be the shape and size that conforms to the
industry standards of manufactured golf carts.
(c) The golf cart must be equipped and safely operated with:
(1) Brake lights
(2) Front and rear turn signal indicator lights
(3) Either left side and right side mirrors, left side and rear
view mirrors, or a multi -directional cross bar rear mirror
(4) Head lamps
(5) Rear lights
(6) Reflectors that conform to CVC Section 24607
(7) Parking brake
(8) Horn
(9) Windshield
(10) Seat belts
(11) Safely equipped or properly loaded to conform with CVC
Section 24002
(12) A golf cart locking device
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ORDINANCE NO. 703 f,
Section 10.76.110 - Golf Cart Operator Safety Criteria
The City Council finds that minimum golf cart operator safety criteria
for golf cart use on golf cart lanes have been established by the City
Engineer, Police Captain, and Golf Cart Transportation Committee.
The following safety criteria for operators are the minimum criteria set
and adopted by the City Council:
(a) A golf cart operator must have a valid driver's license issued by
the State of California or an acceptable foreign jurisdiction or be
physically disabled and determined to be able to operate an
electric golf cart by their physician in writing and the City.
(b) Golf cart operators must have financial responsibility for their
actions. In the event of an incident on a public street, golf cart
operators must show proof of financial responsibility to all
parties affected by the incident by exchanging insurance
information.
(c) Golf cart operators must maintain golf cart in a safe condition.
(d) Golf cart operators may only operate golf carts on public streets
after one hour prior to sunrise and prior to one hour after
sunset.
(e) Golf cart operators may only travel on designated golf cart routes
with a City golf cart permit.
Section 10.76. 120 - City Permit Process
A golf cart permit process has been established by the City Council.
Permitted golf carts must meet the minimum golf cart design criteria.
Permitted golf cart operators must meet the minimum golf cart operator
safety criteria. In addition, the City shall establish the following
process for permitting golf carts:
(a) An inspection process completed by the City.
(b) A permit decal showing proof of compliance. The decal shall be
visibly posted on the right rear fender of the permitted golf
cart.
(c) A permit fee of $10 for a two-year period to allow the City to
recover a portion of the cost of inspection, enforcement, and golf
cart lane plan maintenance.
(d) An education and information package describing the
requirements of the City Golf Cart Transportation Program.
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ORDINANCE NO. 703
Section 10.76.200 - Enforcement of Golf Cart Transportation Plan
The City Council finds and determines that the City shall provide law
enforcement for the Golf Cart Transportation Pilot Program and enforce
the rules and regulations of the Palm Desert Municipal Code, the Streets
and Highways Code (Chapter 5, Division 25, Sections 1930 through
1937) , and Section 21716 of the California Vehicle Code. It is the
intention of the City Council to continue in force and effect until change
as provided by law those traffic, vehicle, and operators within the Golf
Cart Transportation Plan, the Streets and Highways Code, and the
California Vehicle Code. Any person operating a golf cart in violation
of this Plan is guilty of an infraction.
Section 2. Declaration of Facts Constituting Urgency. The Council has
adopted a Golf Cart Lane Plan pursuant to which permits may be issued immediately
to golf carts that satisfy certain minimum requirements. These permits would enable
the golf carts to be driven on public streets. To preserve public health, safety, and
welfare from potential hazards posed by such cart operation, it is essential that the
Golf Cart Lane Plan's permit requirements, design criteria, and safety regulations
regarding golf cart operation be immediately enforceable by the City. This
Ordinance will accomplish that purpose; thus the Council finds and determines that
this Ordinance is urgently required for the immediate preservation of the public
health, safety, and general welfare.
Section 3. The City Clerk shall certify to the passage and adoption of this
ordinance and shall cause the same to be published once in the Palm Desert Post, a
newspaper of general circulation, printed, published, and circulated within the City
of Palm Desert, and the same shall be in full force and effect immediately after its
adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, this 14th day of January, 1993, by the following vote, to wit:
AYES: CRITES, KELLY, SNYDER, WILSON, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JEAMM. B ENSON , MAYOR
ATTEST:
SHEILA R. GILLtGAN, CITY ERK
CITY OF PALM DESERT, CATAFORNIA
AMENDED
BY ORDINANCE #-.-.-••-----
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