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HomeMy WebLinkAbout10D Special Vehicle Use Permits MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CONSIDER APPROVAL 0 A PORT REQUESTING COUNCIL DIRECTION REGARDING THE PREPARATION OF AN ORDINANCE TO ALLOW SPECIAL VEHICLE USE PERMITS ALLOWING GOLF CARTS ON THE ROADWAY Introduction The purpose of this agenda item is to request City Council direction on whether the city should initiate an ordinance which would authorize the issuance of permits allowing golf cart usage on City roadways, and, if so, under what conditions. Historv Minnesota Statutes Section 169.045 allows the governing body of any statutory city to adopt an ordinance authorizing the operation of motorized golf carts or four-wheel all terrain vehicles on designated roadways or portions thereof under its jurisdiction. The ordinance must designate the roadways, prescribe the form of the application for the annual permit, require evidence of insurance, prescribe conditions for the granting of a permit, provide for revocation of the permit if the operator does not operate the vehicle safely and may require a signed certificate from a physician that the applicant can operate the vehicle safely. Operation of golf carts and four-wheel all terrain vehicles may only occur between sunrise and sunset, and only during times when there is sufficient light to see other persons and vehicles for a distance of 500 feet. Each vehicle must have a slow-moving vehicle emblem, a rear view mirror, and the operator must carry the proper automobile and liability insurance. Operators must possess a valid Minnesota driver's license. Current Circumstances Marty Lannon has limited phYSical ability to walk. He has relied upon a golf cart to move around his property in the Red Oak neighborhood. Because the City has no ordinance regarding golf carts, they are presumed to be prohibited on City streets. Marty has asked the staff to find out if the Council would support an ordinance for the issuance of special use permits for golf carts on City streets. The staff is seeking direction from the Council about whether an ordinance should be prepared for Council consideration and, if so, the ordinance purpose and conditions that the Council desires. www.cityofpriorlake.com M:\COUNCIL\AGE~.JDA REPORTS\2~~ljR~~1lq.9<;i9g00cl? ~~.447.4245 M\COUNCIL\AGENDi~; There are a number questions the Council should consider: 1. What type of vehicles should be allowed to receive a special use permit? State Statute allows the City to determine if it wishes to issue permits for golf carts or for all-terrain vehicles or both. Present statute allows larger all-terrain vehicles (over 800 cc engine size) to operate on streets subject to certain restrictions without a special use permit. AII- terrain vehicles less than 800 cc should be addressed by this ordinance either by allowing or prohibiting their use on the streets. Staff recommends prohibiting all-terrain vehicles from use on the streets for the following reasons: 1) top speed for A TVs exceeds 30 miles-per-hour; 2) the large inflated tires tend to make them unstable on bituminous and concrete; 3) they carry only one passenger and are of limited utility for moving people from place to place; and 4) the internal combustion engines in ATVs tend to be loud. By contrast, most golf carts are limited to a maximum speed of 15 mph, make little or no noise, are designed to be stable on hard and soft terrain and carry two or more persons and supplies. 2. What is the purpose of the ordinance? The Council could pursue one or both of the following objectives: 1) permits are issued only to those who need them for medical reasons; 2) permits are issued as a convenience for owners to get to and from places on neighborhood streets using a golf cart rather than a motor vehicle. 3. What streets should be included? The Council may include any streets under City jurisdiction for the operation of golf carts. Thus county and state roadways could not be used except for crossing purposes. Rather than have one long list of streets that golf carts can be on, each permit issued would identify the streets the golf cart can be on which must be affixed to the vehicle for police inspection. Streets like Franklin Trail, Fish Point, Pike Lake, Carriage Hills, Fountain Hills, Park Nicollet, Duluth, Crest, Northwood and Wilds Parkway are less than ideal for golf carts, but would need to be included if the Council wishes to encourage golf cart use in lieu of the automobile. 4. What would be the general provisions of the ordinance? State law does provide for an annual permit, the installation of a slow- moving vehicle emblem and rear view mirror and the purchase of insurance by the operator who must be licensed to operate a motor vehicle. Hours of operation are limited to dawn to dusk excluding inclement weather. To minimize administrative burden, the permit holder would be responsible to renew the permit each year for a fee, confirm that they or anyone who operates the golf cart will do so in accordance with the ordinance and permit. The permit may be revoked for a violation of statute or City Code. Use,DOC Conclusion The Council should determine if it wishes to direct the staff to prepare an ordinance authorizing the operation of golf carts on City streets and, if so, what the ordinance should address. ISSUES: Golf carts are already on City streets, especially in homeowner associations with lake access. An ordinance legalizing their street use is likely to increase the number of golf carts on the street. It may also increase the number of streets where golf carts may be used. Pressure will likely occur to allow carts on trails and sidewalks. Because of the inherent conflict between pedestrians, bikers and golf carts, the City should minimize or prohibit the use of trails and sidewalks by golf carts. Finally, there could be accidents involving golf carts. Personal injury would be affected by the size and speed of the vehicles involved and whether seat belts are available and used in the golf carts. If the Council wishes to allow golf carts on a limited basis to start with, they could restrict permits for medical necessity only. FINANCIAL IMPACT: Costs will be incurred in creating and administering an ongoing permitting system. The Council should clarify if the staff should investigate permit fees to defray a portion of the administrative expenses. ALTERNATIVES: 1. Direct the staff to prepare an ordinance and provide clarification regarding purpose, roadways and impacts. 2. Take no action and retain the status quo. RECOMMENDED As determined by the Council. MOTION: M:\COU~~CIL\A(3f': iel:ic:e DOC 6580 rary restricted parking y having a population subdivision; ~d-access highway or here; posted signs to use by Jolis-St. Paul Intema- It the vehicle is stolen, lpoundment is reason- de is taken into custo- the owner, operator, or e or more citations for I posted signs to use by Lwfully parked vehicle; 's, in a school zone on a ., as defIned in section mbdivision 4, a towing :d for less than 90 days; red and the vehicle has lthority of the owner of )tor vehicle unlawfully Ned in violation of this f $100 or two times the erable under this subdi- Ilcluding time spent and t c 536 s 19; 1995 c 8.:FT. . originally received the rt to notify the victim of Ie or receiving notifica- rhen the recovering law :l where the owner may vehicle must promptly ecovered, where the ve- l to the owner of the ve- : presents, by mail or in 6581 TRAme REGULATIONS 169.045 person, a police report or other verification that the vehicle was stolen at the time of the viola- tion. History: 1993 c 326 art 6 s 1; 1997 c 239 art 7 s 1 APPLICABILITY; LOCAL OR PRIVATE ROAD 169.045 SPECIAL VEHICLE USE ON ROADWAY. Subdivision 1. Designation of roadway, permit. The governing body of any county, home rule charter or statutory city, or town may by ordinance authorize the operation of mo- torized golf carts, or four-wheel all-terrain vehicles, on designated roadways or portions thereof under its jurisdiction. Authorization to operate a motorized golf cart or four-wheel all-terrain vehicle is by permit only. For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation-tired vehicle with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent with the pro- visions of this section, under which a permit may be granted. Permits may be granted for a period of not to exceed one year, and may be annually renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely vp",ate the motorized golf cart or four-wheel all-terrain vehicle on the designated roadways. The ordinance may require, as a condition to obtaining a permit, that the applicant submit a certifIcate signed by a physician that the applicant is able to safely operate a motorized golf cart or four-wheel all-terrain ve- hicle on the roadways designated. Subd. 3. Times of operation. Motorized golf carts and four-wheel all-terrain vehicles may only be vp",ated on designated roadways from sunrise to sunset. They shall not be oper- ated in inclement weather or when visibility is impaired by weather, smoke, fog or other con- ditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Subd. 4. Slow-moving vehicle emblem. Motorized golf carts shall display the slow- moving vehicle emblem provided for in section 169.522, when operated on designated road- ways. Subd. 5. Crossing intersecting highways. The operator, under permit, of a motorized golf cart or four-wheel all-terrain vehicle may cross any street or highway intersecting a des- ignated roadway. Subd. 6. Application of traffic laws. Every person operating a motorized golf cart or four-wheel all-terrain vehicle under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to motorized golf carts or four-wheel all-terrain vehicles and except as otherwise specifically provided in subdivision 7. Subd. 7. Nonapplication of certain laws. The provisions of chapter 171, are not appli- cable to persons operating motorized golf carts or four-wheel all-terrain vehicles under per- mit on designated roadways pursuant to this section. Except for the requirements of section J69.70, the provisions of this chapter relating to equipment on vehicles is not applicable to mptorized golf carts or four-wheel all-terrain vehicles operating, under permit, on desig- ~t~d roadways. I' 'Subd. 8. Insurance. In the event persons operating a motorized golf cart or four-wheel, ~-terrain vehicle under this section cannot obtain liability insurance in the private market, ~at person may purchase automobile insurance, including n~fault coverage, from the Min- .tl,lAutomobile Assigned Risk Plan at a rate to be determined by the commissioner of ,.erce. istory: 1982 c 549 s 2; 1986 c 452 s 19; 1Sp1986 c 3 art 2 s 12; 1987 c 337 s 22; 1997 c 159 art 2 s 18 '.J.'j !i " j '( i1 I 'Ii 11 '1 II Ij ,! i ! I .1 ,I .1 ~ I. i! .:1