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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 3 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. 4 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 #-.-.-••----- ..