The URL can be used to link to this page

Home My WebLink AboutORD 895ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 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 TRANSPORTATION PLAN. WHEREAS, the State of California Assembly Bill 3298 was 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, 21115.1 and 21716; and WHEREAS, Assembly Bill 1229 established 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 Lane Plan/Transportation Pilot Program, on January 1, 1993; and WHEREAS, the City of Palm Desert Golf Cart Lane Plan/Transportation Pilot Program was adopted by the City Council for the use of permitted golf carts by permitted golf cart drivers; and WHEREAS, the State of California Assembly Bill 110 is an act to repeal Chapter 5, Division 2.5, of the Streets and Highways Code (A.B. 1229) and amend portions of Chapter 6, Division 2.5, commencing with Section 1950, and amend Section 21716 of the Vehicle Code relating to vehicles, and thereby amending the requirements originally established by AB 1229 with respect to golf cart lane plans; and WHEREAS, it is the intent of the Legislature and the City Council that the golf cart lane plan adopted by the City Council pursuant to the City of Palm Desert Golf Cart Lane Plan/Transportation Pilot Program be continued in the form of a Golf Cart Transportation Plan as authorized by AB 110; and WHEREAS, the City of Palm Desert Golf Cart Transportation Plan has been adopted by the City Council for the continued use of permitted golf carts by permitted golf cart drivers; and RM\HPD\105076 ORDINANCE NO. 895 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 City of Palm Desert Golf Cart Transportation Plan. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. Section 10.76.010 of Chapter 10.76 of the Palm Desert Municipal Code is hereby amended to read as follows: 10.76.010 Purpose and intent. Assembly Bill No. 110 continues the authorization provided by Assembly Bill No. 1229 for the city of Palm Desert to establish a golf cart transportation plan. It is the intent of this legislation and the City of Palm Desert to continue a golf cart transportation system to accommodate the travel needs of commuters and other users. It is the further intent of the legislation to authorize the City of Palm Desert to carry out a golf cart transportation program that extends the use of the golf cart beyond the existing law; provided that the City establish golf cart lanes, minimum golf cart standards, operation requirements, permit procedures and reporting practices as provided therein." Section 2. Section 10.76.020 of Chapter 10.76 of the Palm Desert Municipal Code is hereby amended to read as follows: �- "10.76.020 Definitions. The following words and phrases when used in this chapter shall have the definitions respectfully ascribed to them in this section. Whenever any words or phrases used in this chapter are not defined but are defined in the California Vehicle Code and amendments thereto, such definitions shall apply. "City" means the city of Palm Desert. "Golf cart" means an electric powered motor vehicle having not less than three wheels in contact with the ground and an unladen weight of less than one thousand three. hundred pounds which is designed to be and is operated at not more than 25 miles per hour and is designed to carry golf equipment and not more than two persons, including the driver. "Golf cart lanes" is synonymous with "golf cart routes" and means all publicly owned facilities that provide for golf cart travel including roadways designated by signs or permanent markings which are shared with pedestrians, bicyclists, and other motorists in the plan area. There shall be three categories of golf cart lanes: RM\HPD\105076 - 2 - ORDINANCE NO. 895 1. Class I golf cart lanes provide a right-of-way completely separated from any highway, with cross traffic by other motorists minimized, and designated for the exclusive use of golf carts, or, where feasibly safe and when no parallel improvements for pedestrians and bicyclists are available, designated for the shared use of golf carts, bicyclists and pedestrians. 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. 3. Class III golf cart lanes are lanes on local streets with speed limits of 45 miles per hour or less and are shared with pedestrians, bicyclists and other motorists." Section 3. Section 1O.76.1OO(B) of Chapter 10.76 of the Palm Desert Municipal Code is hereby amended to read as follows: "B. The following elements are minimum design requirements: 1. The golf cart must be electrically powered. 2. The golf cart must be the shape and size that conforms to the industry standards of manufactured golf carts. 3. The golf cart must present an unobstructed view to the rear from the driver's seat. 4. The golf cart must be equipped and safely operated with: (a) Brake lights (b) Front and rear turn signal indicator lights (c) Either left side and right side mirrors, left side and rear view mirrors, or a multi -directional cross bar rear mirror (d) Head lamps (e) Rear lights (f) Reflectors that conform to CVC Section 24607 (g) Parking brake RM\HPD\105076 - 3 ORDINANCE NO. 895 (h) Horn (i) Windshield 6) Seat belts (k) Safely equipped or properly loaded to conform with CVC Section 24002 (1) A golf cart locking device (m) A covered passenger compartment (n) A backup buzzer." Section 4. Section 10.76.110 of Chapter 10.76 of the Palm Desert Municipal Code is hereby amended to read as follows: 10.76.110 Golf cart operator safety criteria. A. 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. w-- B. The following safety criteria for operators are the minimum criteria set and adopted by the city council: 1. 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 and to possess knowledge of traffic signals, signs, rules, laws, and safety sufficient to have obtained a driver's license in the absence of the disability. 2. Golf cart operators must comply with the financial responsibility requirements of Vehicle Code section 16020 et. seq. 3. Golf cart operators must maintain golf cart in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the cart is in operation on public streets. 4. Golf cart operators may only operate golf carts on public streets only during the time period between one hour prior to sunrise and one hour after sunset. RM\HPD\105076 - 4 - ORDINANCE NO. 895 5. A maximum of two persons may ride in the golf cart and may only ride in the main passenger compartment equipped with safety belts. Both the driver and passenger must wear safety belts at all times that the golf cart is being operated on public streets. 6. Except as otherwise provided by law, golf cart operators: a. Must have a valid City of Palm Desert golf cart permit for operation on public streets; b. May travel on residential or business district streets with speed limits of 25 m.p.h. or less; C. May not travel on or along streets with speed limits in excess of 25 m.p.h. except on designated golf cart routes; and d. May not travel on, along or across state highways, except to. cross at controlled intersections as designated in the golf cart transportation plan and indicated on the golf cart route map. 7. Golf cart permits issued by the City of Palm Desert are valid only within, and designated golf cart routes do not extend beyond, the geographic boundaries of the City. Possession of a valid City of Palm Desert golf cart permit does not authorize travel on or along public streets outside the geographic boundaries of the City of Palm Desert." Section 5. Section 10.76.200 of Chapter 10.76 of the Palm Desert Municipal Code is hereby amended to read as follows: "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 plan and enforce the rules and regulations of the Palm Desert Municipal Code, the Streets and Highways Code (Chapter 6, Division 2.5, Sections 1950 through 1967), and Section 21716 of the California Vehicle Code. Any person operating a golf cart in violation of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100.00)." Section 6. Declaration of Facts Constituting UrgencyThe Council has previously adopted a Golf Cart Lane Plan/Transportation Pilot Program pursuant to prior statutory authorization which has now been amended or repealed. Pursuant to the Golf Cart Lane Plan/Transportation Pilot Program, permits were issued to golf carts that satisfy certain minimum requirements. These permits 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 without permits, and to avoid invalidation of existing permits, it is essential that the Golf Cart Transportation Plan's permit requirement, design criteria, and safety RM\HPD\105076 - C; - ORDINANCE NO. 895 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. a Section 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation 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 22ndday of October , 1998, by the following vote, to wit: AYES: Crites, Ferguson, Kelly, Spiegel, Benson NOES: None ABSENT: None ABSTAIN: None ATTEST: SHEILA R. GWGAN, CIMCLERK CITY OF PALM DESER ALIFORNIA APPROVED AS TO FORM: David J. ErWfn, City Attorney RM\HPD\105076 - 6 -