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ORD 474161001IJl_1i![lg4iColsYZA! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 12.69 TO TITLE 12 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS WHEREAS, the California Vehicle Code prohibits the use of golf carts on public streets except as permitted in California Vehicle Code 21115, 21115.1 and 21716; and WHEREAS, the City established a Golf Cart Transportation Plan as part of its General Plan Update process, adopted on March 20, 2002; and WHEREAS, in order to operate a golf cart on public streets in the City, the City Council finds that specific standards and requirements are necessary to preserve the public health and safety. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 12 of the La Quinta Municipal Code is hereby amended to add Chapter 12.69, to read as follows: 12.69.010 Purpose and Intent. The California Streets and Highways Code, Sections 1950 through 1961, authorize local jurisdictions to establish golf cart transportation plans within their boundaries, under certain conditions and with certain requirements. The City has established the Golf Cart Transportation Plan in its General Plan and intends, by the addition of this Chapter of the Municipal Code, to establish standards, requirements and procedures for the implementation of the Golf Cart Transportation Plan. 12.69.020 Definitions. As used in this Chapter, the following words and phrases shall have the following meaning: "City" means the City of La Quinta. "Golf Cart" means a four -wheeled electric motor vehicle with an unladen weight of less than one thousand three hundred pounds (1,300), which is designed to be, and is operated at not more than 25 miles per hour, and is designed to carry golf equipment and no more than two persons, including the driver. "Golf Cart Paths" or "Golf Cart Routes" means all City -owned travel ways that allow golf cart travel, including roadways. Ordinance No. 474 Adding Chapter 12.69 to Municipal Code Re: Golf Carts on Public Streets Adopted: December 1. 2009 Page 2 There shall be three categories of golf cart paths: 1. Class I golf cart paths provide an area separate from the roadway used by automobile traffic for shared one-way or two-way golf carts, bicycles, pedestrians, and equestrians. 2. Class 11 golf cart paths provide a striped eight -foot lane for one-way golf cart and bicycle travel on a street or highway. 3. Class III golf cart paths provide for shared use with automobile and bicycle traffic. Class III paths are established by placing Golf Cart Route signs along roadways with speed limits of 25 miles per hour or less in order to link them to Class I or Class 11 paths. "Golf Cart Route" means the map depicting routes and crossings that will be constructed, posted and designated for use by permitted golf carts. 12.69.030 Minimum Design Criteria for Golf Carts. All golf carts traveling on any golf cart path in the City must meet the following minimum design criteria: 1. The golf cart must be electrically powered. 2. The golf cart must be equipped and safely operated with all of the following equipment: a. Red reflectors; b. Parking brake; C. Horn; d. Headlights, brake lights and rear lights; e. Front and rear turn signal indicator lights; f. Windshield; g. Seat belts; h. Covered passenger compartment; i. Mirror combination (left and right side mirrors, left and rear mirrors, or multi -directional cross bar mirror) and unobstructed view to the rear from the driver's seat. 12.69.040 Minimum Safety Criteria for Operation of Golf Cart. All golf cart operators operating golf carts on any golf cart path in the City must conform to the following operator requirements and safety criteria: 1. Golf cart operators must be licensed drivers in the State of California with valid California Driver's license, or have a valid driver's license issued by a jurisdiction in accordance with Vehicles Code Sections 12502-12505. 2. Golf cart operators must comply with the financial responsibility requirements (insurance) established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the California Vehicle Code. Ordinance No. 474 Adding Chapter 12.69 to Municipal Code Re: Golf Carts on Public Streets Adopted: December 1, 2009 Page 3 3. No golf cart shall be operated on golf cart paths or Golf Cart Routes within the City without a current golf cart permit decal visibly displayed on the right rear fender of the golf cart. 4. The golf cart permit shall be valid for two years from the date of issuance. 5. Golf cart operators must maintain the golf cart in a safe condition and be properly loaded to conform with CVC Section 24002. 6. Golf cart operators may only travel in those golf carts that meet the minimum design criteria required by Section 12.69.030. 7. Golf carts are limited to daytime operation and are permitted on public streets only during the time period between one hour prior to sunrise and one hour after sunset. 8. 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 driver and passenger must wear safety belts at all times while the golf cart is being operated on Class I, ll, or III golf cart paths. 9. Golf cart operators must yield the right-of-way to pedestrians, bicyclists, and equestrians. 10. Golf cart operators may only travel on designated golf cart routes or along streets with speed limits of 25 miles per hour or less. 11. Golf cart operators may not travel on or along streets with speed limits in excess of 25 miles per hour except on designated golf cart routes, and shall only cross at controlled intersections as designated on the golf cart route map. 12. Golf carts modified by removing any of the above safety equipment or a modification that in any way creates an unsafe cart will result in the immediate revocation of the golf cart permit and will be subject to any violations that apply under the California Vehicle Code. Should a golf cart be impounded pursuant to a violation under the State Vehicle Code, the registered owner shall be subject to any regulations imposed by the impounding authority pursuant to Section 22850.5 of the California Vehicle Code. 13. No person shall operate or move a golf cart upon a sidewalk except those persons who in the course of their employment by a state, federal, or local government, or school district maintenance crew. 12.69.050 Golf Cart Permit Process. The following golf cart permitting process is established: 1. No golf cart shall be operated on golf cart paths or Golf Cart Routes within the City without a current golf cart permit decal visibly displayed on the right rear fender of the golf cart. 2. Persons in the course of their employment by a state, federal, or local government, or school district shall be allowed to apply for a permit allowing operation of a golf cart on City sidewalks. 3. The golf cart permit shall be valid for two years from the date of issuance. Ordinance No. 474 Adding Chapter 12.69 to Municipal Code Re: Golf Carts on Public Streets Adopted: December 1, 2009 Page 4 4. The golf cart permit may be revoked by the City Manager if he or she determines the golf cart which is the subject of the permit has been used by any person in a manner that violates one or more the provisions in this Chapter. If the permit is revoked, the owner of the golf cart may not reapply for a permit for the following 12 months. 12.69.060 Golf Cart Routes. The Public Works Director shall have the authority to add or delete Golf Cart Routes as the need arises or as conditions change in accordance with this Ordinance. 12.69.070 Enforcement of Golf Cart Plan. Any person operating a golf cart in the City in violation of this Chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100) or as permitted by the California Vehicle Code. The City Council finds and determines that the City shall provide law enforcement for the Golf Cart Plan and enforce the rules and regulations of Chapter 12.69 of the City of La Quinta Municipal Code, the Streets and Highways Code (Division 2.5, Chapter 6, Sections 1950 through 1961) and Section 21716 of the California Vehicle Code. The passage of this Ordinance enables the City to enforce this program's provisions not found in the California Vehicle Code. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of La Quinta hereby declares that it would have passed this Ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of, Ordinances of the City of La Quinta. Ordinance No. 474 Adding Chapter 12.69 to Municipal Code Re: Golf Carts on Public Streets Adopted: December 1, 2009 Page 5 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 1 st day of December 2009 by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO PH, M or City of La Quinta California ATTEST:. c I / ///// f'-- -. VERONICA J,.. M' ONTECINO, CMC, City Clerk City of La Q(.Inta, California (CITY SEAL) APPROVED AS TO FORM: T ERINE J ON, City Attorney City of La Quinta, California Ordinance No. 474 Adding Chapter 12.69 to Municipal Code Be: Golf Carts on Public Streets Adopted: December 1. 2009 Page 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 474 which was introduced at a regular meeting on the 3rd day of November, 2009, and was adopted at a regular meeting held on the 1" day of December, 2009, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA J. lrNTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quirita'7 California, do, hereby certify that the foregoing ordinance was posted on the24d"ay-�of-December 2009, p rsuant to Council Resolution. i VERbNiC4-j--kf0KTbf1NO, CMC, City Clerk City of La Winta, California