HomeMy WebLinkAboutOrd 1174 2nd Reading - Golf CartsORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF PALM DESERT,
CALIFORNIA AMENDING SECTIONS OF CHAPTER 10.76 RELATED
TO GOLF CARTS
The City Council of the City of Palm Desert, California does hereby ordain
as follows:
Section 1. That Section 10.76.020 be and the same is hereby amended to
read as follows:
"Golf cart" means an electric powered motor vehicle having not less than four
wheels in contact with the ground and an unladen weight of Tess than three thousand
pounds which is designed to be and is operated at not more than twenty-five miles per
hour and is designed to carry not more than six persons, including the driver."
Section 2. That Subparagraph j. of Subparagraph 4. of Section 10.76.100 be
and the same is hereby amended to read as follows:
Seat belts for the driver and for all passengers;"
Section 3. That Subparagraph 5. of Subparagraph B. of Section 10.76.110 be
and the same is hereby amended to read as follows:
"5. A maximum of six persons may ride in the golf cart and may only ride in
the main passenger compartment equipped with safety belts. The driver and all
passengers must wear safety belts at all times that the golf cart is being operated on
public streets."
Section 4. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full force
and effective thirty (30) days after its adoption.
CITY COUNCIL A-CTION :
APPROVED ✓ DENIED
RECEI ED OTHER /aoxfea
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MEETING DATE 7/' (
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ABSTAIN: /l/CE
VERIFIED BY: /t),/)/c////1/W7
Original on File w th City Clerk' E.; Off _c.c,
ORDINANCE NO. 1174
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jean M. Benson, Mayor
City of Palm Desert, California
ATTEST:
Rachelle D. Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. Erwin, City Attorney
R M P U B\JT RE M B LAY\301950.1
Page 1 of 1
Klassen, Rachelle
From: Bartlettc@aol.com � �
Sent: Thursday, November 20, 2008 12:27 PM
To: Klassen, Rachelle
Subject: This can wait
Dear Rachelle: I'm too late already, so when it is convenient, please submit the two letters attached to the City
Council. The City Council letter should be first. Thank you.
Timothy R. Bartlett
73-382 Salt Cedar Street
Palm Desert,CA 92260
Phone:760.773.3035
bartlettc@aol.com
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11/21/2008
November 20, 2008
TRB
Madam Mayor and Council Members
City of Palm Desert
Re: Golf cars
Dear Madam Mayor and Council Members:
Unfortunately, I am a little late in submitting this information since you have an ordinance
regarding golf cars on today's agenda. Since the staff report made no mention of my
original letter that I had submitted to the Planning Commission in February, attached
herewith, I suspect it may have been overlooked. Please forgive my ignorance, but I had
believed that I should start with the Planning Commission, but thanks to the City Clerk, I
now understand that any concerns I wish to express should be brought to your attention.
As you well know, I am a horrible public speaker, so I will try to limit my concerns or
suggestions for your consideration in a letter form. If you prefer an alternate form of
communication, please let me know.
I truly support our golf car(t) program and sincerely appreciate and admire your foresight
in its inception. As staff suggested, in todays staff report on the subject, like everything
else it does require updating from time to time. If you will take a moment to read the
letter I sent to planning, you will note that one of my suggestions is coincidentally being
accomplished by today's ordinance. I would be pleased if you would be kind enough to
consider the other three suggestions.
I do have one more concern that I hope you will consider. The new golf car lane on
Highway 74 is dangerous. Why you woutd prefer to mix 20 mph golf cars with 60 mph
cars and trucks, when you could easily accommodate them on the existing path adjacent
to the Palm Valley Storm Channel or at least on the existing frontage road north of
Homestead Road and the wide sidewalk/parkway south of Homestead, is beyond my
comprehension. Nevertheless, the width of the golf car lane is inadequate unless you
drive with the passenger side tires in the gutter. Due to the elevation and grade
difference between the road and the gutter, not to mention debris in the gutter, this
configuration does not work. The storm drain inlet culverts pose an even greater
problem, since the concrete aprons take up the entire lane. When you also consider
most golf cars have simple steering and suspension systems that make it nearly
impossible to keep a 48" wide vehicle in a 48" wide lane you have a real recipe for
disaster. You should eliminate the lane on Monterey altogether and replace it with
alternate routes or at the very least widen the lane.
Sincerely,
Timothy R. Bartlett
Email: bartlettc@aol.com
73-382 Salt Cedar Street
Palm Desert, CA 92260
Phone: 760.773.3035
Cel I: 760.534.7007
February 19, 2008
TRB
Planning Commissioners
City of Palm Desert
Hand Delivered
Re: Golf Cars
Dear Commissioners:
I have discovered that the Golf Cart provisions in the Municipal Code are outdated and
require modification. The golf cars operated by the City for shuttling passengers on EI
Paseo do not meet our current code requirements. If you would be so kind, please
consider making a recommendation to the City Council for modification to the Code.
I
There are four changes that I feel are warranted. The first is the number of passengers
should not be limited to two but rather to the number of seats with seat belts. The
second change is that travel be permitted on any street with 35 mph or less, consistent
with the General Plan and the Vehicle Code Section 21260, not 25 mph and crossing a
street with higher speed limits be permitted if street continues to be 35 mph or less and
crossing is signalized. The third change would allow travel at anytime eliminating the
restriction to travel during peak traffic times. Finally, the last change would be to
eliminate the requirement for a roof structure. Recent accident history suggests that roof
structures actually cause many injuries including decapitation. The woman at PGA West
who lost her life in a golf car accident, a few years ago, was nearly decapitated. I have
also been involved in a golf car accident where the roof nearly decapitated the
passenger on a rollover.
� You may atso wish to review the Golf Cart routes exhibit III-9 in the General Plan. Two
charging stations are shown, one at Desert Crossing and the other at Civic Center Park,
neither of which actually exists. I believe charging stations would have a tremendous
impact on usage since many people fear being stranded without power. I had the
unfortunate experience, while returning from shopping on EI Paseo, of running out of
power. I parked my golf car in a permitted parking space on Shadow Mountain Drive and
walked home. I returned to collect my golf car and discovered two deputies in the
process of towing and impounding it. You may also wish to review the actual routes. For
example Shadow Mountain Drive would make an excellent golf car route especially
considering the new signal on Highway 74 could accommodate crossing and would open
up usage on the west side. Furthermore you may wish to extend routes to existing
country clubs other than Shadow Mountain Resort, since golf car usage is already
prevalent.
Following is my recommendation of changes to the Municipal Code, which I believe are
consistent with the California Vehicle Code:
Email: bartlettc a�aol.com
73-382 Salt Cedar Street
Palm Desert, CA 92260
� Phone: 760.773.3035
Cell: 760.534.7007
TRB
Chapter 10.76 GOLF CARTS chanae to Neiahborhood Electric Vehicles I
10.76.010 Purpose and intent.
Assembly Bill No. 110 continues the authorization provided by Assembly Bill No. 1229
for the city to establish a golf cart transportation plan. It is the intent of this legislation and the city
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 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. (Ord. 895 § 1, 1998: Ord. 703 § 1 (part),
1993)
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 twenty-five miles per hour and is
designed to carry golf equipment and not more than two persons, including the driver. Eliminate I
"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 shaxed with pedestrians, bicyclists, and other motorists in the plan area. 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, 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 far 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 semiexclusive 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 forty-five
miles per hour or less and are shared with pedestrians, bicyclists and other motorists. (Ord. 895 §
2, 1998: Ord. 703 § 1 (part), 1993)
Email: bartlettc@aol.com
73-382 Salt Cedar Street
Palm Desert, CA 92260
Phone: 760.773.3035
Cel I: 760.534.7007
TRB
10.76.100 Golf cart minimum design criteria. Chanae to NEV Requirements (combining minimum I
design criteria with operator safety criteria�
A. 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.
eliminate -
B. The following elements are minimum design requirements: eliminate
1. The golf cart, replace with NEV must be electrically powered.
2. The golf cart, replace with NEV must be the shape and size that conforms to the
industry standards of manufactured golf carts.
3. The golf cart, replace with NEV must present an unobstructed view to the rear from I
the driver's seat.
4. The golf cart, replace with NEV must be equipped and safely operated with: I
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
multidirectional cross bar rear mirror;
d. Head lamps;
e. Rear lights;
f. Reflectors that conform to CVC Section 24607;
g. Parking brake;
h. Horn;
i. Windshield;
j. 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; eliminate, recent accident information sug ests
that the roof structure is dan�erous and actually causes injuries includin deca itation
n. A backup buzzer. (Ord. 895 § 3, 1998; Ord. 703 § 1 (part), 1993)
Email: bartlettc a�aol.com
73-382 Salt Cedar Street
Palm Desert, CA 92260
Phone: 760.773.3035
Cell: 760.534.7007
TRB
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. Eliminate, �olf cars are allowed on other streets without separate lanes. I
B. The following safety criteria for operators are the minimum criteria set and adopted
by the city council: eliminate
1. A golf cart, replace with NEV 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, replace with NEV 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 car, replace with NEV t operators must comply with the financial I
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._
Eliminate, alreadv covered above.
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._Eliminate, whv limit use
durin the hi�hest traffic times
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. Modi to "each passen er
must be in a seat with safety belts securely fastened
6. Except as otherwise provided by law, golf cart,NEV operators:
a. Must have a valid city golf cart, replace with NEV permit for operation on public
streets;
b. May travel on residential or business district streets with speed limits of twenty-five
m.p.h. or less; Modi to 35 mph I
c. May not travel on or along streets with speed limits in excess of twenty-five m.p.h.
Modifv to 35 mph except on designated golf cart, NEV routes; and I
d. May not travel on, along or across state highways, except to cross at controlled
intersections as designated in the golf cart,NEV transportation plan and indicated on the golf cart �
route map.
Email: bartlettc@aol.com
73-382 Salt Cedar Street
Palm Desert, CA 92260
Phone: 760.773.3035
Cel I: 760.534.7007
TRB
7. Golf cart NEVpermits issued by the city are valid only within, and designated golf
cart NEVroutes do not extend beyond, the geographic boundaries of the city. Possession of a valid
city golf cart permit does not authorize travel on or along public streets outside the geographic
boundaries of the city. (Ord. 895 § 4, 1998: Ord. 703 § 1 (part), 1993)
10.76.120 City permit process. Replace with NEV I
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 ten dollars 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. (Ord. 703 § 1 (part), 1993)
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. (Ord. 895
§ 5, 1998: Ord. 703 § 1 (part), 1993)
Thank you for your consideration.
Sincerely,
Timothy R. Bartlett
Email: bartlettc�a aol.com
73-382 Salt Cedar Street
Palm Desert, CA 92260
Phone: 760.773.3035
Cel I: 760.534.7007