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Home My WebLink About5J Code 904 Golf Cartss`` PRj °° ~~~~ ~~~~ ,``~~, ~ ~~ i ~ ,y xl ~ ~r. ~In'NESO~P- 4646 Dakota Street S.E. Prior Lake, 1V:N 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: JANU~4RY 20, 2009 AGENDA #: 5 J PREPARED BY: JANE IrCANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR AGENDA ITEM: 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 DISCUSSION: Introduction The piarpose 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. Histon~ On January 5, 2009, the City Council considered an ordinance amending Section 904 of the City Code allowing the use of motorized golf carts on City streets. The Council agreed with the ordinance in general, but requested the staff revise the proposed ordinance to address the use of golf carts as part of community events, and to include it as part of the January 20t" consent agenda. Current Circumstances The staff, with the assistance of the City Attorney, has revised the proposed ordinance to include a definition of a "Community Event" as follows: Event:> sponsored, co-sponsored or supported by the City. Community events may also include celebrations organized by a nonprofit, community based organization intended to serve the entire community. The City Manager shall determine if an event qualifies for the exemption. The following language in Section 904.600 was added to exempt the use of golf carts pis part of community events from the permit provisions: EXEMPTION: The City Manager or designee may waive the requirements of this Section for the operation of motorized golf carts as part of a community event, as defined in Section 904.200. ISSUES: The attached ordinance is consistent with the provisions of Minnesota Statute 169.O~E5, and with City Council direction. In ordE;r to offset the costs involved with the administration of this permit, staff is recommending a permit fee of $25.00. Attached to this agenda report is a resolu=:ion establishing this fee. In 2010, this fee will be included as part of the annual fee schedule, and may be adjusted as the Council sees fit. www. cityofpriorlake. com Phone 952.447~.~9800 ~% Fax 952.447.4245 FINANCIAL There is a cost to administering this ordinance. Establishing a permit fee should IMPACT: help to offset these costs. The ordinance will also provide clarity to law enforcement officers when dealing with golf carts on City streets. ALTERNATIVES: 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, and adopt the attached resolution establishing an annual permit fee in i.he amount of $25.00. 2. Deny the ordinance and provide staff with specific direction. RECOMMENDED The staff recommends alternative #1. This requires a motion and second MOTION: adopting an ordinance amending Section 904 of the City Code establishing provisions for permits for the use of motorized golf carts on City streets, and a motion and second adopting the attached resolution establishing an annual permit fie in the amount of $25.00.. Frank ~~ ~- P ~' p-~ hid.. _~~ vn~' 4646 Dakota Street S.E. v T ~ Prior Lake, 1V:N 55372-1714 ~ RESOLUTION 09-xx ~~~INN A RESOLUTION ESTABLISHING A FEE FOR PERMITS TO ALLOW THE USE OF MOTORIZED GOLF CARTS ON CITY STREETS Motion By: Second By: WHEREAS, Minnesota ;3tatutes Section 169.045 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; and WHEREAS, On January 20, 2009, the City Council adopted Ordinance No. 109-01 to allow the use of motorized golf carts on City streets subject to approval of an annual permit; and WHEREAS, Section 904.302 of this ordinance allows the City Council to establish an annual fee for a motorized golf cart permit; and WHEREAS, The City Council has determined a fee of $25.00 will offset the costs of administering this ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follows: 1. The recitals set forth ab~~ve are incorporated herein. 2. The City Council hereby establishes an annual fee of $25.00 for a motorized golf cart permit. 3. The City Council may review and update this permit fee as part of the annual fee schedule. PASSED AND ADOPTED ~"HIS 20T" DAY OF JANUARY 2009. YES NO Hau en Hau en Erickson Erickson Hedber Hedber LeMair LeMair Millar Millar Frank Boyles, City Manager www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 ,~p~ PRIO ~ ~`' 4646 Dakota Street S.E. v ~ x ~ Prior Lake, 1\!'N 55372-1714 ~. ~ f ~INNES~~P `~ _ y_~,. CITY OF PRIOR LAKE ORDINANCE NO. 109-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 tiie Prior Lake City Code is hereby amended to add Sections 904 in its entirety as shown below: SECTION 904 MOTORIZED GOLF CARTS SUBSECTION: 904.100: PURPOSE 904.200: DEFINITIONS 904.300: PERMIT REQUIRED 904.400: OPERATING CONDITIONS 904.500: SUSP4=NSION OR REVOCATION OF PERMIT 904.600: EXEMPTION 904.6700: VIOLR,TION; PENALTY 904.100 PURF~OSE: 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. 904.200: DEFIfVITIONS: For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning. Authf~rized Operator: Only persons with a valid driver's license may operate the golf cart. Community Events: Events sponsored, co-sponsored or supported the City. Community events may also include celebrations organized by a nonprofit, community based organization intended to serve the entire community. The City Manager shall determine if an event aualifies for the exem tion. Designated Roadways: The roadways listed on the approved permit on which the motorized golf cart may operate. Designated roadways must r:\council\2009 agenda rE:ports\01 20 09\ord109-xx -ggolf carts.doc': sarEs:des www. cityot~p-iorlake. com Phone 952.447.9800 /Fax 952.447.4245 be public streets under City jurisdiction with speed limits of 35 miles per hour or less. Motorized Golf Cart: Aself-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 mirrors. This definition specifically excludes vehicles commonly known as all terrain vehicles or ATVs. 904.300: 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. 904.301: 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. 904.302: Fees: The City Council may establish an annual fee for a permit. 904.303: Term of Permit. Permits are effective for one (1) year from the date of issuance and may be annually renewed. 904.304: The applicant must provide evidence of insurance complying with the provi:~ions of Minnesota Statutes, Section 656.48, 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. 904.400: OPERATING CONDITIONS: 904.401: Designated Roadways: Motorized golf carts may only be operated on the designated roadways specified on the approved permit. 904.402: 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. r:\council\2009 agenda rf;ports\01 20 09\ord109-xx -golf carts.doc}~1j sarts~es 2 904.403: Time:; of Operation: Motorized golf carts may only be operated on the desig€~ated 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. 904.404: 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 dE~signated roadways. - Motorized golf carts must be equipped with rear-view mirrors. 904.405: Crossing Intersecting Highways: The operator, under permit, of a motorized golf cart may cross any street or highway at signalized intersections. 904.406: 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. 904.500: 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 tf~ere 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. 904.501: Appeal of Permit Revocation: A permittee may appeal the decision of the City IVlanager 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. 904.600: EXEIIIIPTION: The City Manager or designee may waive the reauirements of this; Section for the operation of motorized golf carts as part of a community event, as defined in Section 904.200. r:\council\2009 agenda reports\01 20 09\ord109-xx -golf carts.doc': sa#s~es 3 904.6700: VIOLATION; PENALTY: 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, Ripon 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 20th day of January, 2009. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of January, 2009. Drafted By: Prior Lake Building rind Transportation Services Department 4646 Dakota Street SE Prior Lake, MN 553'2 r:\council\2009 agenda rc;ports\01 20 09\ord109-xx -golf carts.do ': ' sants~des 4