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HomeMy Public PortalAbout46-2014 ORDINANCE NO. 46-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 66-8, MOTORIZED CART USE, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with the operation of motorized carts and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 66-8, Motorized cart use, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 66-8and that the Code shall be amended as hereinafter provided. SECTION 1 Section 66-8 is hereby amended and it shall hereafter read as follows: ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be$15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. All occupants of a motorized cart must wear seatbelts at all times. c. Children car and booster seats used in a motorized cart must be approved by the manufacturer for use with lap belts only, without the necessity of a shoulder strap. Children's car and booster seats may only be used in the front seat or another forward facing seat within a motorized cart. d. Motorized carts shall not be operated on the sidewalks or bike trails within the city. e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. f. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. g. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. h. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. i. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park, on the sidewalks, streets, beaches, lanes, highways or other public properties, or on private property of another, except into trash receptacles. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur naturally in the area and specifically includes garbage, food items, peels, shells, etc.,whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgment and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (6) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. (7) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. 2 (8) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of violating subsection 66-8(b)(4) shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 3 ADOPTED THI DAY OF ,2014. ►a YOR ATTEST: 4-4-th Z-- CLERK OF COUNCIL FIRST READING: SECOND READING: 'C' '1 ENACTED: - /`f Tybee/Ordinances/2014/46-2014 Sec 66-8(car seat authorization)motorized cart 07.29.14 4