HomeMy WebLinkAbout4489 Amend Sec. 94-133 Code re; Golf CartsOrdinance No. 2019-4489
An Ordinance of the City of Sanford, Florida relating to golf carts;
amending Section 94-133 of the Code of Ordinances of the City of
Sanford and pertaining to registrations and inspections; providing
for implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for severability;
providing for codification as well as the correction of scrivener's
errors and providing for an effective date.
Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings and Intent.
The City Commission of the City of Sanford hereby ratifies and affirms the
legislative and administrative findings and intent of the City Commission as expressed
in Ordinance Number 4285 enacted on February 11, 2013.
Section 2. Amendment to Section 94-133, City Code, Golf Cart
Registration and Inspection. Section 94-133 of the Code of Ordinances of the City of
Sanford is amended to read as follows (underlined text is new language and
stri dt is deleted text):
Sec. 94-133. - Authorized use of golf carts on City roads and streets.
(a) Golf carts may be operated on all City roads and streets in accordance with F.S.
§ 316.212, but only as implemented and permitted by the provisions of this Article.
(b) In addition to the requirements of F.S. § 316.212, which is applicable to the
operation of golf carts on the aforementioned designated roads and streets, the
following restrictions shall also apply:
(1) Golf carts may only be operated on roadways specifically designated by the City
Commission in a duly adopted resolution.
(2) Golf carts may cross at any intersection of two City streets within the designated
area with the following exceptions:
a. The entire length of U.S. 17 - 92 25th Street 3rd Street Mellonville Avenue
Country Club Drive, 20th Street and Celery Avenue within the designated area.
b. Sanford Avenue from 6th Street south to 25th Street.
It is prohibited and unlawful for a golf cart to travel along the above listed roadways at
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Avenue, 20th Street. Crossings may be made on 3rd Street
(North/South), 20th Street (North/South), Sanford Avenue(East/West) and Mellonville
Avenue (EastANest) at intersections with traffic control devices. U.S. 17 — 92 may on
be crossed at the Historic Goldsboro Boulevard/13th Street intersection.
(3) All traffic control signs, signals and controlling law for such crossings must be
adhered to while crossing at intersections and it is prohibited and unlawful to fail to
abide by such signs, signals and laws.
(4) Golf carts operating subject to this Article may only be operated between official
sunrise and official sunset except that golf carts may also operate during the hours
between official sunset and official sunrise if possessing operational headlights, brake
lights, tail lights, turn signals and windshields.
(5) Golf carts shall be equipped with efficient brakes, reliable steering apparatus,
safe tires, a rearview mirror, and red reflectorized warning devices on both the front and
rear at all times while operated on the designated roads and streets.
(6) The number of occupants in any golf cart operated on City roads and streets
shall be restricted to the number of seats on the golf cart. No occupants of a golf cart
shall stand at any time while the golf cart is in motion.
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(7) Consistent with F.S. § 316.613, children aged through three years shall be
restrained in a properly attached and separate federally approved child restraint device
and children aged four through five years must be restrained with a seat belt.
(8) A golf cart may not be operated on public roads or streets by any person under
the age of 16 years of age.
(9) Golf carts shall be registered prior to use in the City of Sanford. Registration is
required on or before January 31 of each yea aR annual . The City Manager, or
designee, shall implement a registration program and the City Manager is hereby
authorized to adopt administrative rules and promulgate forms in order to implement the
provisions of this Article. The City shall charge a registration fee in an amount
determined by resolution adopted by the City Commission as amended from time -to -
time. Each golf cart that is registered shall be issued a registration certificate which shall
be affixed to the front of the golf cart and be visible at all times. Registration fees shall
be paid on an annual basis on or before January 31 of each year and shall not be
prorated. Liability insurance is recommended by the City for all operators of golf carts on
City streets and for all golf carts which operate on City streets. Golf carts shall be
subject to inspection at the time of registration to ensure that they are equipped with
efficient brakes reliable steering apparatus safe tires a rearview mirror, and red
reflectorized warning devices and if operated on the designated roads and streets
between official sunset and official sunrise operational headlights, brake lights, tail
lights turn signals and windshields All required equipment must be determined to be in
good working order prior to registration.
(10) The City Manager shall report from time -to -time to the City Commission relative
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to the effectiveness of this Article and the safety of golf cart operations and activities
within the City of Sanford and shall make any recommendations that are deemed
appropriate based upon the experiences of the City under the implementation and
administration of this Article.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance including, but not limited to,
the promulgation and adoption of rules and forms.
Section 4. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to the
regulation of golf carts as well as any and all actions and activities of the City pertaining
thereto or of an associated nature, are hereby ratified and affirmed.
Section 5. Codification; Scrivener's Errors.
(a). Sections 2 of this Ordinance shall be codified and all other sections shall
not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
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Section 6. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 28th day of January, 2019.
Attest:
Traci Houchin, CMC, FCRM, City I
Approved as to form and
Legality:
(F -5i
r
Colbert, Esquire
.
City Commission of the City of
Sanford, Florida, Se Hole County,
Florida.
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CITY of
WS RM X
FLORIDAItem No.SNFORD
CITY COMMISSION MEMORANDUM 19-020
JANUARY 28, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jim Krzenski, Administrative Services Manager
Traci Houchin, City Clerk, CMC, FCRM
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Ordinance No. 4489; Amending Section 94- of the City Code
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approve Ordinance No. 4489 amending Section 94-133 of the City Code, which relates to the
regulation of golf carts within the City.
FISCAL/STAFFING STATEMENT:
There are no fiscal or staffing issues impacted by the approval of the proposed ordinance.
BACKGROUND:
Section 94-133 of the City Code relates to the regulation of golf carts within the City. The
provision derives from Ordinance No. 4285 enacted in 2013. Based on a recent review of Section
94-133, the following proposed revisions are:
(1). Registration of golf carts is required on or before January 31 S` of each
year; and
(2). Revise the golf cart zone map to further clarify locations in which citizens
are permitted to operate personal golf carts on City streets while minimizing the
risk to public safety.
The Police Department certifies that all required studies have occurred.
LEGAL REVIEW:
A legal review has been completed by the City Attorney.
The City Commission approved the first reading of Ordinance No. 4489 on January 14, 2019.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on January 27,
2019.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4489.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4489."
Attachments:
(1) Ordinance No. 4489 amending City Code.
(2) Amended Golf Cart Map.