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Home My WebLink About9A - Motorized Golf Carts on City Streets MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JANUARY 5, 2009 9A JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 904 OF THE CITY CODE TO INCLUDE PROVISIONS FOR PERMITTING THE USE OF MOTORIZED GOLF CARTS ON CITY STREETS Introduction The purpose of this agenda report is to consider an amendment to Section 904 of the City Code, establishing provisions for permits for the use of motorized golf carts on City streets. Historv On October 6, 2008, the City Council directed staff to prepare an ordinance allowing the use of motorized golf carts on City streets. The Council specifically directed the ordinance allow application for a special vehicle permit that would be issued based on the determination of which roadways would be used. Minnesota Statutes Section 169.045 (see attached) allows the governing body of any statutory city to adopt an ordinance authorizing the operation of motorized golf carts on designated roadways under its jurisdiction subject to approval of an annual permit. The ordinance must designate the roadways, prescribe the form of the application for the permit, require evidence of insurance, prescribe conditions under which a permit may be granted, provide provisions for revocation of the permit if there is evidence the permittee cannot safely operate the motorized golf cart, and may require the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart. The statute also states motorized golf carts may only be operated on designated roadways from sunrise to sunset, and may not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. The golf cart must be equipped with a rear-view mirror and must display a slow- moving vehicle emblem. The operator must carry the proper automobile and liability insurance and must possess a valid driver's license. Current Circumstances The attached ordinance is consistent with the provisions of Minnesota Statute 169.045. The staff considered limiting the permits to operators with physical disabilities, and to those with proof of deeded access to the lake. However, we determined these restrictions were discriminatory. The use of the motorized golf carts and the permits are best limited by use on the designated roadways listed on the permit. The staff also considered creating an overall list of designated www.cityofpriorlake.com 00l~<952l.r44gef)6{)Olp,.6r~C952.44 7.4245 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: R\CoUllcil\2009 roadways, but determined each permit should be considered separately, and the roadways for that user should be included on the permit. In the interest of public safety, the ordinance also requires the applicant submit the following information: ~ The name, address and phone number of the applicant; ~ A copy of the applicant's driver's license; ~ Make, model and serial number of the vehicle; ~ Proof of insurance, including the company name, policy number, effective dates, and coverage; ~ The roadways on which the motorized golf cart will be operated; and ~ The time of operation of the motorized golf cart; The ordinance also establishes the authority to charge a fee for the annual permit. The amount of the fee would be established by the City Council, and is intended to cover the administrative costs for issuing the permit. The staff believes this is a nominal cost, probably around $25.00 per permit. Finally, the ordinance establishes a procedure for revocation of a permit should the operator fail to comply with the ordinance. A permit may be revoked at any time by the City Manager or designee if the operator has violated any of the provisions of this section or of Minnesota Statutes, Chapter 169, or if there is evidence the operator cannot safely operate the motorized golf cart on the designated roadways. The City Manager or designee will conduct a hearing to determine if the permit should be revoked after providing the permittee with five (5) days written notice. Any Police Officer may temporarily suspend a permit prior to the hearing if, in the Police Officer's professional judgment, public safety would otherwise be endangered. A permittee may appeal the decision of the City Manager or designee to suspend a permit to the City Council. Such an appeal must be filed in writing within five (5) business days of the City Manager's decision. The City Council will conduct a hearing at the next possible regular City Council meeting to determine if the revocation should be sustained. The major issue in drafting this ordinance was whether to limit its scope to persons with disabilities and to persons with deeded lake access. The staff determined these restrictions were discriminatory. The permit itself applies to the motorized golf cart, not a specific driver. As long as the driver has a valid driver's license, and is operating the vehicle in a manner consistent with the permit, the specifics of the use aren't relevant. There is a cost to administering this ordinance. Establishing a permit fee should help to offset these costs. The ordinance will also provide clarity to law enforcement officers when dealing with golf carts on City streets. 1. Adopt the attached ordinance amending Section 904 of the City Code establishing provisions for permits for the use of motorized golf carts on City streets. 2. Deny the ordinance and provide staff with specific direction. 05 cart RECOMMENDED A motion and second adopting an ordinance amending Section 904 of the City MOTION: C e establishing provisions for permits for the use of motorized golf carts on n II C. streets. Reviewed U Frank Boyles, van, ,ger R'.CoUllc:I\2G09 cart 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO.1 09-xx AN ORDINANCE AMENDING SECTION 904 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 904 of the Prior Lake City Code is hereby amended to add Sections 904 in its entirety as shown below: SUBSECTION: 904.100: 904.200: 904.300: 904.400: 904.500: 904.600: SECTION 904 MOTORIZED GOLF CARTS PURPOSE DEFINITIONS PERMIT REQUIRED OPERATING CONDITIONS SUSPENSION OR REVOCATION OF PERMIT VIOLATION; PENAL TV 904.100 904.200: PURPOSE: Pursuant to its authority under Minnesota Statutes, Section 169.045, the City authorizes the operation of motorized golf carts on designated roadways as permitted under this Section. DEFINITIONS: For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning. Authorized Operator: Only persons with a valid driver's license may operate the golf cart. Designated Roadways: The roadways listed on the approved permit on which the motorized golf cart may operate. Designated roadways must be public streets under City jurisdiction with speed limits of 35 miles per hour or less. Motorized Golf Cart: A self-propelled vehicle of the type and style designated for and commonly used by patrons of golf courses, including three or four wheeled vehicles specifically designed for handicap mobility equipped with the proper slow moving vehicle signage and rearview r:\council\2009 agenda reports\01 05 09\U'~~~'r'dlt'~W~t'!'Ulll Phone 952.447.9800 / Fax 952.447.4245 904.300: 904.301 : 904.302: 904.303: 904.304: 904.400: 904.401 : 904.402: 904.403: mirrors. This definition specifically excludes vehicles commonly known as all terrain vehicles or A TV's. PERMIT REQUIRED: No motorized golf cart may be operated on designated roadways, or any public right-of-way or public property without first obtaining a permit from the City. Permit Application: Every application for a motorized golf cart permit must be made on a form supplied by the City and must contain the following information: ~ Date; ~ The name, address and phone number of the applicant; ~ A copy of the applicant's driver's license; ~ Make, model and serial number of the vehicle; ~ Proof of insurance, including the company name, policy number, effective dates, and coverage; ~ The roadways on which the motorized golf cart will be operated; ~ The time of operation of the motorized golf cart; and ~ Such other information as the City may require. Fees: The City Council may, by resolution, establish an annual fee for a permit. Term of Permit. Permits are effective for one (1) year from the date of issuance and may be annually renewed. The applicant must provide evidence of insurance complying with the provisions of Minnesota Statutes, Section 65B.48, with the permit application. Every motorized golf cart operator shall have proof of insurance in possession while operating the motorized golf cart on designated streets and shall produce such proof of insurance on demand of a police officer as specified in Minnesota Statutes 169.791. OPERATING CONDITIONS: Designated Roadways: Motorized golf carts may only be operated on the designated roadways specified on the approved permit. Prohibited Operation: The operation of motorized golf carts is expressly prohibited on all public bike trails, walking trails and sidewalks except in the case of the signed ADA access from Kop Parkway to Watzl's Beach. Times of Operation: Motorized golf carts may only be operated on the designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. r:\council\2009 agenda reports\01 05 09\golf cart ord109-xx.doc 2 904.404: 904.405: 904.406: 904.500: 904.501 : 904.600: Slow-moving Emblem and Rear-view Mirrors: ~ Motorized golf carts must display the slow-moving emblem as described in Minnesota Statutes, Section 169.522 when operated on designated roadways. ~ Motorized golf carts must be equipped with rear-view mirrors. Crossing Intersecting Highways: The operator, under permit, of a motorized golf cart may cross any street or highway at signalized intersections. Application of Traffic Laws: Every person operating a motorized golf cart under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under Minnesota Statutes, Chapter 169, except when those provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in Minnesota Statutes, Section 169.045, Subdivision 7. SUSPENSION OR REVOCATION OF PERMIT: A permit may be revoked at any time by the City Manager or designee if the permittee has violated any of the provisions of this section or of Minnesota Statutes, Chapter 169, or if there is evidence the permittee cannot safely operate the motorized golf cart on the designated roadways. The City Manager or designee will conduct a hearing to determine if the permit should be revoked after providing the permittee with five (5) days written notice. Any Police Officer may temporarily suspend a permit prior to the hearing if, in the Police Officer's professional judgment, public safety would otherwise be endangered. Appeal of Permit Revocation: A permittee may appeal the decision of the City Manager or designee to revoke or suspend a permit to the City Council. Such an appeal must be filed in writing within five (5) business days of the City Manager's decision. The City Council will conduct a hearing at the next possible regular City Council meeting to determine if the revocation or suspension should be sustained. VIOLATION; PENAL TV: Any person violating the terms of this Section shall lose his/her permit to operate a motorized golf cart in the City of Prior Lake and, upon conviction thereof, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by Minnesota Statutes. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of January, 2009. r:\council\2009 agenda reports\01 05 09\golf cart ord109-xx.doc 3 ATTEST: City Manager Mayor Published in the Prior Lake American on the day of January, 2009. Drafted By: Prior Lake Building and Transportation Services Department 4646 Dakota Street SE Prior Lake, MN 55372 r:\council\2009 agenda reports\01 05 09\golf cart ord1 09-xx.doc 4 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 MINNESOTA STATUTES 2008 169.045 169.045 SPECIAL VEHICLE USE ON ROADWAY. Subdivision 1. Designation of roadway, pennit. The governing body of any cOlmty, home rule charter or statutory city, or town may by ordinance authorize the operation of motorized 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 pennit 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 poWlds. Subd. 2. Onlinance. 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 provisions 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 ifthere is evidence that the permittee cannot safely operate 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 vehicle on the roadways designated. Subd. 3. Times of operation. Motorized golf carts and four-wheel all-terrain vehicles may only be operated on designated roadways from sunrise to SWlset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, 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 roadways. Subd 5. Crossing inters...~:':"",g highways. The operator, under permit, of a motorized golf cart or four-wheel all-terrain vehicle may cross any street or highway intersecting a designated roadway. Subd. 6. Application of traffic laws. Every person operating a motorized golf cart or four-wheel all-terrain vehicle Wlder 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 applicable to persons operating motorized golf carts or four-wheel all-terrain vehicles Wlder permit on Copyright 10 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved www.cityofpriorlake.com ~dJ52jl4-4g'~~~pprt~<952.44 7.4245 2 MINNESOTA STAruTES 2008 169.045 designated roadways pursuant to this section. Except for the requirements of section 169.70, the provisions of this chapter relating to equipment on vehicles is not applicable to motorized golf carts or four-wheel all-terrain vehicles operating, under p"uuit, on designated roadways. Subd. 8. Insurance. In the event persons operating a motorized golf cart or four-wheel, all-terrain vehicle under this section cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage, from the Minnesota Automobile Assigned Risk Plan at a rate to be detennined by the commissioner of commerce. History: 1982 c 549 s 2; 1986 c 452 s 19; 1Sp1986 c 3 art 2 s 12; 1987 c 337 s 121,122; 1997 c 159 art 2 s 18 Copyright (I 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. R :\Counc:I\2C09 05 cart repcrt.DOC