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Exh 3BAGENDA ITEM #3B APRIL 14, 2003 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Golf Carts DATE: March 25, 2003 SUBMITTED BY: David E. Thompson~Chief of Police/DPS BACKGROUND: Golf Carts on Public Streets Based on a request from the City Commission, the Police Department was directed to research the feasibility of allowing golf carts to travel on city streets. Since that time, the Police Department has conducted research and contacted numerous sources to learn more about golf carts on streets. Information has been provided by a police chief in a city that currently inspects and permits golf carts on public streets. Discussions have taken place with a public traffic engineer, and golf cart information has been acquired from dealers who sell and construct custom golf carts for public and private use. State laws and local ordinances have been reviewed relative to this matter. As a result of this research, significant challenges have arisen for City Commission consideration. Golf carts have a number of advantages when compared to cars and/or bicycles. Golf carts are quiet, and they do not produce poisonous gas emissions. They are more visible and more stable than a bicycle, and they are not likely to generate speeding complaints. However, there are some serious safety issues that should be addressed before simply accepting golf carts on public streets. In some states, golf carts are simply treated the same as other motor vehicles. The golf carts must be issued a license plate, they are required to have all of the required safety equipment and insurance, and drivers must be licensed. by the state to operate motor vehicles on the public streets. Florida provides an exception so that local governments are tasked with the regulation of gulf cart usage on public streets. Safety Issues: There are at least three (3) significant factors that come into play relative to the safety of golf carts on public streets. This report will address each of these separately before summarizing them and making recommendations. 1. Drivers No vehicle is safe if it is operated by an unsafe driver. At the current time, there are no regulations relative to the qualifications for drivers of golf carts. Since golf carts are typically used on private property, there are no state laws that require the drivers to meet any qualifications or standards. For this reason, it is not unusual to see children, with no qualifications, driving AGENDA ITEM #3B APRIL 14, 2003 golf carts. Additionally, this lack of standards applies to senior citizens who may no longer qualify for a driver's license due to physical handicaps. People who can no longer operate a motor vehicle safely, are allowed to drive golf carts. Some communities that allow golf carts on public streets, require a valid Florida Operator's License for all drivers. They also require drivers of golf carts to abide by all of the state motor vehicle laws. This means that golf carts must obey one- way traffic signs, stop at stop signs, and follow all of the state traffic statutes in the state of Florida. 2. Golf Cart The label "golf cart" applies to a wide range of vehicles. A factory golf cart is typically an electric powered vehicle that is designed, and intended to be used, on a golf course. It has a top speed in the range of 12-14 MPH, seats two (2) people, and it is not equipped with seat belts, turn signals, brake lights, headlights, windshield wipers,. or other safety devices. However, there are companies that will custom build golf carts .and add safety features, increase the speed to 30+ MPH, add racks for carrying equipment, and install coolers/bars. There are also gas powered golf carts, although they are rare. For family transportation to the beach, or for senior citizens going to the store to pick up a few items, a golf cart is certainly more stable than a bicycle loaded down with kids, boogie boards, coolers, and/or groceries. However, on a busy roadway, a golf cart takes up considerably more space than a bicycle. To understand the concern that this creates, one may consider the impact of driving behind a golf cart on Seminole Road. The space necessary to pass a bicycle is considerably less than the space necessary to pass a golf cart. Most motorists have passed bicycles without too much concern. Passing a golf cart would require more space, raise questions relative to passing in a no passing zone, and probably result in impeding the flow of traffic. The State of Florida has requirements for vehicles operating on public streets, but it leaves golf carts up to the local governing body. Safety equipment requirements for golf carts are established by the local government, and most of the requirements are not "standard" equipment on golf carts. If the City of Atlantic Beach decides to allow golf carts to operate on the public streets, then it will be necessary to identify appropriate safety equipment requirements for the golf carts, and there will need to be some form of inspection or certification process to assure that the requirements have been met. In Key Biscayne, the police department inspects and issues permits for all golf carts. Additionally, the golf carts need to be insured. A golf Cart can be insured just like any other vehicle, and if they are going to operate in an environment with motor vehicles where accidents and injuries are possible, then they should carry appropriate insurance. AGENDA ITEM #3B APRIL 14, 2003 3. Roadway The roadway and the traffic are significant factors relative to golf cart safety. Golf carts on paved roadways are usually approved in private developments with gated access and a golf course nearby. The Jacksonville Golf and Country Club is an example of a neighborhood with limited vehicular traffic, and a country club atmosphere including golfing facilities. In some cities, they have identified specific roadways and subdivisions where golf carts may only be used to and from the residence and the golf course. They do not allow golf carts outside of the specific neighborhoods or for purposes other than traveling to and from the clubhouse. Typically, the golf carts are restricted to secondary streets, and the golf carts must obey all traffic laws. There are not many cities that have approved golf carts throughout the public streets. Of the cities that we have been able to identify, they tend to share similar characteristics. They tend to have low speed limits, limited traffic, and a large proportion of the population is comprised of senior citizens. Key Biscayne, Florida has approximately 300 golf carts that are used on their streets. They have a large senior population and a top speed limit of 20 MPH (with the exception of one major roadway where golf carts are prohibited). Similar communities must also deal with DUI in golf carts, and crashes with objects including trains. In reviewing the roadways in Atlantic Beach, there are arterial or primary streets where golf carts would create traffic/safety problems. In addition to the obvious roadways (Atlantic Blvd. and Mayport Road), Seminole Road, Plaza Drive, Eastcoast Drive, Ocean Boulevard, Sailf sh Drive, Royal Palms Drive, and South Sherry Drive would not be safe roadways for golf carts, The volume of traffic and the speeds would not be safe for operating a small vehicle with limited safety equipment and a top speed of 14 MPH. Once appropriate streets are identified, the state law requires official signs designating the streets where golf carts are allowed to operate. State Law: The current state law, F.S.S. 316.212 regulates the operation of golf carts on roadways. Essentially, the law allows golf carts on city streets that have been designated by the city for use by golf carts. However, the statute states, "Prior to making such a designation, the responsible local governmental entity must first determined that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street." This statement places a great deal of responsibility and liability on the local government to assure that the roadway is safe for golf carts. In the event of a crash and/or injury, the governmental entity may be required to substantiate the justifications for the decision to allow golf carts on public streets. Ideally, the AGENDA ITEM #3B APRIL 14, 2003 City of Atlantic Beach needs someone with the professional expertise to make such a judgment. For the protection of the City and the citizens, a traffic engineer should make this decision. The Atlantic Beach Police Department has officers with expertise and training relative to traffic enforcement. When dealing with vehicular traffic, the Police Department is capable of reviewing statistics and assessing the relative safety of most roadways. However, the Police Department does not have anyone on staff with the qualifications of a traffic engineer, to perform an evaluation of the safety of a roadway for golf cart use. Even among some traffic engineers, the standards for the safe use of golf carts on public streets, and the application of the state law, appear to be very obscure. If the City Commission decides to authorize a traffic engineer to provide an evaluation of the selected roadways for golf cart usage, then it should also be noted that the Commission should expect to expand the scope of the traffic engineering services throughout the City of Atlantic Beach. If one area is designated for golf carts, then other neighborhoods are likely to ask for equal consideration. The specific request received by the City Commission, relative to golf carts, identified routes extending from Atlantic Boulevard to Oceanwalk. Summary: From a public safety perspective, there are roadways in the City of Atlantic Beach that may be safe for golf cart usage. A review by a traffic engineer would be advisable before the City Commission takes any official action to identify any streets for this purpose. From a broader perspective, the City Commission will need to determine whether or not the cost of the energy, staff time, and funding to address this issue, is likely to be justified by a significant benefit to the citizens of Atlantic Beach. Before the Commission creates new ordinances, authorizes funding to evaluate roadways, establishes a system for inspecting golf carts, and directs staffto organize this initiative, the Commission may want to compaze the costs with the anticipated benefits. BUDGET: Unknown RECOMMENDATIONS: To review this report and provide guidance and direction to staff for any further action to be taken. ATTACHMENTS: Request to City Commission relative to Golf Carts Florida State Statute 316.212 REVIEWED BY CITY MANAGER: AGENp"A ITEM NUMBER: AGENDA ITEM #3B APRIL 14, 2003 Request for golf carts to become "street legal" 1.Safety: a. More visible than a bike b. Young children are able to sit in car seats c. "Street legal" carts equipped with: 1. Seatbelts 2.Brake lights 3. Headlights 4.Horn 2. Convenience a. Surf racks, rod holders and boogie boards can all be attached to the roof b. Getting to Selva Marina, local parks and beach much easier than walking or riding bikes 3. Environmentally friendly a. No gas b. No emissions c. Take up 1/2 the parking space (2 fit side by side in l spot) 4. Community friendly _. a. Social like a bike, only safer b. Everyone who sees them smiles and waves Local golf cart friendly communities report:** 1. Marsh Landing- Stuart Martineau- Assistant Director for Access Control Reports only 1 incident in 9 years. A young girl was in her garage and accidentally pushed the gas pedal and backed into a tree in her yard because she did not know how to stop. No injuries. 2. Jacksonville Golf and Country -Deborah Harrison-Director of Safety Reports no incidences off the golf course in the 4 years she has been there. National Reports 1.Peachtree City, Georgia- Captain Terry Ernst- Patrol Division Commander Non-gated community. 34,000 residents. 9,000+ golf carts. Last year had only 37 incidents- no serious injuries (that's only .004%). * *Each person I spoke with agreed 100% that golf carts are more visible and safer than bikes. Atlantic Beach is an environmental and community-minded city- let's take the next step and set an example for our neighboring cities! AGENDA ITEM #3B ""`- APRIL 14, 2003 5'~i `~.'J'!.~.,..w a7 .., CuP Cir N ~"` 1^~ f N`"::,, n"5'"1 `~ 1~`t'vYt ~i^4 > r - ~ sb ~~~aL °(~ H .Americ~y CuP'Or S`~ r vi>iYia„~~ ~.: yin BreateDt i '~a f !d `~`e~ '"~"~, Ct S ~ 3 u, w t °ao ~ ~` ts, ~~ ; -^}?4 .. . la `~s ~ U. U •,. yr' 4 v ~^. ~ ~+..t, S~mmofe.Peecn C[ 3~ Ct 9 ~ ° o" E v ~ ~ ~ 0 ~ _ j °en Side Ot ~C~CaII r~, 9 tr ~~ ~,_ ~ ___._______ ,~ assin Blvd. ~ -~~ ~ ;'__- _ ~ R ~'i8rsaa :r Run Deerfield. ~'l~,„ ~u~; - '~: ~ r dr~ '"` :~51"nGorlt ~~ 3s I ~~akes `Lane a$~~snr rte'' ~r t j 'l9la ~~ ~~ ,#~ 3 i :F,.«,., .~.:.,,,..a.~......: '+.U~f ~`d-' ~~ FI'''IFl i ~~f7Rg~ ~n 'fit ~'": ~~~t,~ ~ - ~ ess Lan~ing C"t ~ ~ " r Land 'd~ ~ c .9 ~' :~}a'~ ~ t ` .~;~~a ~~~ ': 61:,.d ~.. ntte ~ ~ ,~ , ~:~~ to . 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Two decals shall be issued upon registration and shall be affixed to each side of the cart in such a manner as to be fully visible at all times. The registration fee shall be $10. An additional annual registration/user fee of $60 shall be imposed to non-Peachtree City residents. If a citizen purchases a golf cart that is registered in someone else's name, the registration must be transferred to the new owner within 10 business days at a cost of $5.00. A $20 penalty will be applied in addition to the $5 transfer fee if the registration is not transferred within 10 days. Gasoline carts may not be registered unless inspected and certified by a Peachtree City golf cart dealer. Gasoline carts must be recertified every two years or registration shall be void. Certification must state the exhaust system meets the following standards: a. The exhaust system includes the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and exhaust pipes or include any and all parts specified by the manufacturer. b. The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken brackets or hangers. c. The engine and powered mechanism of every cart shall be so equipped, adjusted and tuned as to prevent the escape of excess smoke or fumes. CARTS MAY SE DRIVEN SY: • Persons 16 years old or older. . Persons 15 years old - if accompanied in the front seat by a person at least 18 years old who holds a valid drivers license. • Persons 12, 13 & 14 years old - if accompanied in the front seat by a parent or legal guardian who holds a valid drivers license. • No person under 12 years of age may drive a cart. All operators must abide by all traffic regulations applicable to vehicular traffic. Where cart paths exist they must be used in preference to parallel city streets with the exclusion of those cart paths privately owned and maintained by the golf courses. Carts driven at night must be equipped with functional headlights and tail lights. Carts are not allowed on or across Hwy 54, Highway 74, Peachtree Parkway or Crosstown Road except where authorized crossings are provided. http://www.ptcgovernment.org/adminsvcs/ 3/6/2002 AGENDA ITEM #3B Administrative Services APRIL 14, 2003 PENALTIES: • First Offense - a fine not less than $250 plus court costs • Second Offense - a fine not less than $500 plus court costs • Third Offense - if committed within one year of second offense, a fine not less than $1,000 plus court costs, and golf cart registration shall be revoked for a period of two years. SPECIAL RULES FOR RECREATION PATHS: 1. The following is prohibited: a. racing of any form, expect for special events approved by the city; b. blocking of public access, except for special events approved the city; c. automobiles, trucks, motorcycles, motorized street/trail bikes, mini-bikes mopeds, horses, go-carts; and d. loitering on bridges or in underpasses. 2. Normal rules of the road shall apply to the recreation paths, For instance, when approaching oncoming path users, each user shall move to his right side of the path. Passing shall be on the left side of the path. 3. Pedestrians should be given due consideration and reasonable right of way by other users of the recreation paths to ensure them safe passage. 4. A warning or announcement shalt be given by operators of golf carts, bicyclists, and skaters when approaching pedestrians from the rear. 5. All laws and ordinances relative to alcohol, including open container laws, which apply to traffic on the streets shall also apply to the recreation paths and will be strictly enforced. 6. Litter shall be deposited in receptacles provided along the paths or retained by the user for proper disposal later. Littering on the paths shall be subject to twice the fines and penalties as littering on the streets. Citizens may want to consider purchasing liability or property insurance for their carts; however, this is not required by ordinance. violations in progress of the Golf Cart Ordinance, including reckless driving, underage operation, and dangerous situations should be reported by dialing 911. The non-emergency number for the Police Department is 487-8866 (Monday through Friday, 8:00 AM - 5:00 PM). Copies of all City Ordinances are available for review at City Haft or at the Library, If you have any questions, you may contact the City~Clerk at 487-7657. Garage Sale /Yard Sale Signs • Must be acquired at City Hall and cannot be placed on any public highway, or within two hundred (200) feet of State Highways 54 or 74 on any roads that intersect the http://www.ptcgovernment.org/adminsvcs/ 3/6/2042 AGENDA ITEM #3B n ~ °' ~ °: > 5k-. ° ~ ~ o ~ '~° t~ ~ ~ ° ~ ~' ~ b ~7 O ~ b ~ APRIL 14, 2003 y ~ ~ ~°o o "'~ b r a ~ ~ G7 ~ ~ pq m p~ "`3 .Ob ~~'7 ZO O ~, R7 P ~d -~ ao°d~' ~ ~0~'~o~H ai ncnaNM~, ~'.Ob~~~~ ~.o y ~ < C ~^ ~~, ytli g ~ < ~o ~ ~~ ~ O ~i ~ ^ ^ 'cy o 5' o o m n ~-' c ~, ., ~7 n an°b ~p ~ ., ts1 ~'a ~+° `,zf '~, ti b ~ R] ~" r o9e ~~'• ~~~~~ o~~~~c ~ o. ~ ~ ~~~0~~ n H~ ~~.°~ BOA°~~ °' y (~~1~Tj~70 ~ ~~^ o Ana a ~~~~ ~' ~~ s ~ ~~~ N ~~~~~ ~ F~~~ ~ ~ ~. a b~~~~na ~. .~~~aa y ~~ad 8 H'r- `~ ~C'~O~ g~o ~.owrs .~' o:" .~ ~ q~ ~G] ~y~ m ~ A m f1 ,~.f ~• M ~ ~G ~ fN~ 1~. 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",,I' m _ o n°~~ ~ Z ~ ~ _.'fl~y ~ e Q' `~ ~ b, ~ ~ ~ • F n f7 a 6. ~ ~ ~ ~ a O O ~ ~ -• ~ n 'a ~ L7 ~ 0y ~ S. o ,n o ~ ~ ~ G1 g y ~~~ oo ~ ~ ~ ~ °° ~ m ~ G7 ~ '* ~~ wa ~o ~~ ° ~ Oq ~ ~ ~vo b 4. ~ ~ ~ y ~ ,~ p f1 A ~ ° r7 (f ~R ~ A ~~ o o C~ °~~ ~ '.< ~v ~ 0 5' C 00 _ u0i C•'b ~. y ~ O ~~' ^ O f~i ~'h y p anti d statutes->View Statutes: flsenate.gov AGENDA ITEM #3B APRIL 14, 2003 Iafarms#7oe L~bdYiSt t ~; n a ~ +~ . ~ ~ ~ 'Welcome Session ~~ommlttees Senators enter ~ ~ I~fgrmati0n K. View Statutes Search Statutes Constitution Laws of Florida Order Select Year: 2002 ~ Go The 2002 Florida Statutes Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.212 Operation of golf carts on certain roadways.--The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or city street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s: 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3} Any other provision of this section to the contrary notwithstanding, agolf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the http://www. fl senate. gov/Statutes/index. cfm?mode=View%ZOStatutes& SubMenu=1 &App_... 3/27/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #3B APRIL 14, 2003 entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be (awfully operated in the park. (4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7} A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection {3), ` or subsection (4}, or as a nonmoving violation for infractions of subsections (5) and (6). History.--s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96- 413; s. 168, ch. 99-248; s. 7, ch. 2000-313. Welcome • Session • Committees • Senators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privac~5tatement http://www. fl senate. gov/Statutesrndex. cfm?mode=View%20 Statutes& SubMenu=1 &App_... 3/27/2003