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Home My Public Portal About1997-02 Permitting the use of golf carts on designated areasORDINANCE NO. 97-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS; PROVIDING FOR DEFINITIONS, HOURS OF OPERATION, EQUIPMENT REQUIREMENTS, PERMIT REQUIREMENTS AND FEES, AND OPERATOR QUALIFICATIONS; PROVIDING PROHIBITIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the State of Florida has given municipalities the right to designate streets within its boundaries for Golf Cart use; and WHEREAS, the Village Council recognizes the needs of many citizens who enjoy the recreational advantages of Golf Carts; and WHEREAS, the Village Council has determined that Golf Carts may safely travel on Designated Streets. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Code is hereby amended by adding a new Chapter entitled "Golf Carts," to read as follows: Chapter . Golf Carts. Section 1. Legislative Intent. It is the intent of this Chapter to permit and regulate the use of Golf Carts within the Designated Streets of the Village, during non -restricted hours by licensed drivers operating Golf Carts which have passed a safety inspection. Section 2. Definitions. Designated Streets. All streets within the Village except Harbor Drive and Crandon Boulevard. Golf Cart. A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes as defined in Chapter 316.003(68), Fla. Stat. Permit. An official authorization designating that the Golf Cart to which the authorization is affixed meets the requirements of state law and the Village Code. Slow Moving Vehicles. Any vehicle designed for use and speeds less than twenty-five (2 5) miles per hour. Section 3. Authorized Use. Licensed drivers may operate Golf Carts which have been inspected and issued permits by the Village Police Department on all Designated Streets within the Village between sunrise and sunset. A permit to use a Golf Cart on a Designated Street does not permit entry onto private property or semi -private property, including retail parking lots, private roads or common areas in condominiums. Access to these areas may be regulated by the property owners and/or property managers. Section 4. Prohibited Use. The operation in the Village of any Golf Cart in the following manner or under the following conditions is prohibited: Without a valid, current driver's license. (b) During hours between sunset and sunrise without being equipped with headlights and a windshield. 121 Without a valid, current permit issued by the Village Police Department and affixed to the Golf Cart in a conspicuous location. In violation of state or county traffic regulations. Itl Anywhere on the roadway surface of Crandon Boulevard, and Harbor Drive, except to cross those thoroughfares at marked intersections or intersections regulated by a traffic signal. La On the beaches, parks, bicycle paths, sidewalks, or swales of the Village. (g) Parking in violation of posted regulations. ihl Obstructing or interfering with normal traffic flow. jil Carrying more passengers than those for which the Golf Cart was designed. Section 5. Inspection. jAl Each Golf Cart shall be inspected by the Village annually. Upon submitting a completed permit application, proof of insurance and the payment of a $15.00 application fee, the Village Police Department will schedule an inspection to ensure that the required equipment is installed and operating properly. The application fees will be deposited into the General Operating Funds of the Village. The Village Police Department shall issue a permit to a Golf Cart which passes the inspection. The permit shall be displayed in a conspicuous location on the Golf Cart. 3 Section 6. Required Equipment. A Golf Cart must be equipped with: jaL Efficient brakes; Reliable steering apparatus; Safe tires; Rear view mirrors; (e) Red reflectorized warning devices, both in the front and the rear; jil Rear stop lamps meeting the minimum standards of Sec. 316.234(1), Fla. Stat.; (g) Turn signals meeting the minimum standards of Sec. 316.234(2), Fla. Stat., and _Chi. Safety belts. Section 7. Slow -Moving Vehicles. Golf Carts meeting the definition of slow moving vehicle must also have a "SMV" triangular emblem attached to the Golf Cart pursuant to Metro -Dade Ordinance No. 71-94. Section 8. Operators. Drivers must hold a current, valid driver's license in order to operate a Golf Cart upon the streets of the Village. Section 9. Traffic Laws. (a) Operators of Golf Carts using Designated streets within the Village are required to observe all traffic laws as if they were operating any other motor vehicle. While travelling on designated streets operators and passengers of Golf Carts must comply with applicable Florida law as to the requirements and usage of safety belts and child restraint equipment. (c) Owners and operators of Golf Carts shall comply with applicable Florida law pertaining to insurance requirements. Section 10. Enforcement. The Village Police Department shall be responsible for enforcing this Ordinance. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Penalty. Any person who violates any provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. this ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key 5 Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 26th day of November 1996. PASSED AND ADOPTED on second reading this January , 1997. JOHN ,' . FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS , S, VILLAGE ATTORNEY D JAY 103001 6 14th day of MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review Vida Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE PUBLIC NOTICE ORDINANCE PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS In the XXXXX was published in said newspaper in the issues of Dec 23, 1996 Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of ertisement; and affiant further says that she has neith - pal • nor promised any person, firm or corporation any • - cou t, rebate, commission or refund for the purpose of s - uri this advertisement for publication in the said news a • - r• 23 d (SEAL) Sookie Williams worn to and subscribed before me this Decemb- r 96 A.D. 19 ph_ OFFICIAL NOTARY SEAL onally Wewn %MIT LLERENA tin 11 ]6h COMM SSION NUMBER .•'� a CC566004 7�E, `'" �\ MY COMMISSION EXPIRES OF FR.° JUNE 23,2000 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading, by the Key BNcayne Village Council at a meeting to be held on Tuesday, January14, 1997, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florid: - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, ORIDA, P.E.. THE USE OF GOLF CARTS ON PROVIDING FOR DEFINITIONS, HOURS OF OPER/MON, EdlUIPNISITAIROUIREMENTS, PERMIT REQUIRE" N FEES, AND QPERATOR Qu !CATIONS; P OV G; ', PROVIDING FOR SE HMV,. CODIFICATION AND AN EFFECTIVE DAM . Interested parties are invited. to appear and be heard. A copy of the proposed ordinance may be obtakied at Village -Hail, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may appear at the Public Hearing and be heard with respect to the proposed ordnance. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior 10 such proceeding. Should any person" ire to appeal any decision of the Village Council with respect tis' any matter to be -considered at this meeting, that person shall insure that a verbatim record .of the prcii eedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez Village Clerk 12/23 96-4-122306M