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Exh 3BAGENDA ITEM 313 JUNE 23, 2003 STAFF REPORT City oiAtlantic Beach Commission Meeting AGENDA ITEM: Golf Cart Recommendations DATE: June 4, 2003 SUBMITTED BY: David E. Tho pso~hief of Police/DPS BACKGROUND: In Apri12003, a staff report was submitted to the City Commission discussing some of the challenges and questions that needed to be addressed before opening up city streets for use by golf carts. At that meeting, the commission directed a committee to conduct further reseazch and recommendations relative to this issue. On Monday, May 5, 2003, Carol Mikell, Lynn Chazest, Jill Easton, and the Police Chief/DPS met to discuss whether or not there is a practical and safe way to allow the use of golf carts on the public streets, while assuring adequate traffic flow for all motorists. The committee reached a consensus on a number of the issues previously identified. Committee members unanimously supported a requirement that all drivers be required to have a valid operators license, Before making fmal recommendations to the City Commission, City Attorney Alan Jensen was asked to review the matter and provide guidance. The City Attorney found a 2002 Attorney General Opinion that had a significant impact on the recommendations. The Attorney General Opinion specifically addresses whether or not a city can puss an ordinance imposing a minimum age requirement of sixteen (16) for the drivers o_Fgolf carts, and whether or not the city can require the operator of a golf cart to have a valid driver's license. In essence, the Attorney General ruled that the answer is, "No" A city is not allowed to set these restrictions on the drivers of golf carts. See Attachment. The Police Department opposes allowing unlicensed, fourteen (14) yeaz old drivers to operate golf carts on the public streets in Atlantic Beach. This has been discussed with some of the committee members, and it appeazs that members understand and accept this position. Clarification: The State of Florida differentiates between "golf carts" and "slow moving vehicles." "Golf carts" have a top speed of 20 MPH, and they aze exempted from any registration and gagging requirements from the state. AGENDA ITEM 3B JUNE 23, 2003 "Slow moving vehicles" have four (4} wheels, and they have a top speed between 20-25 MPH. They aze required by the state to be licensed, tagged, and insured. The vehicles seen azound Atlantic Beach that have license plates, are "slow moving vehicles," and not "golf carts." The City of Atlantic Beach is not required to take any action to regulate "slow moving vehicles." The use of "golf carts ' on public streets is prohibited by state law, unless the City Commission takes local action to allow "golf carts" on public streets. BUDGET: None RECOMMENDATIONS: Relative to golf carts, the recommendation is for the City Commission to take no action. ATTACHMENTS: Letter from Alan Jensen, City Attorney Attorney General Opinion 2002-11 REVIEWED BY CITY MANAGER: ~Z ITEM NUMBER: AGENDA ITEM 3B JUNE 23, 2003 ALAN C. JENSEN Attorney at Law 935 North Third Street Post Office Box 50457 Jacksonvine Beach, Florida 32240-0457 Telephone (904) 246-2500 June 3, 2003 Chief David R. Thompson City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Golf Carts in Atlantic Beach Dear David: Facsimile (904) 246-9960 E-Il~rail: AJensenLaw~aol.com BY HAND DELIVERY Enclosed is a copy of AGO 2002-11 which would prohibit Atlanfic Beach from irnposing more restricted age or licensure requirements for the operation of golf carts on the public streets in Atlantic Beach, than that. allowed by X316.212, Florida Statutes. As you Irnow, state statute does not require a valid driver's license to operate a golf cart, and allows anyone 14 years or older to operate a golf cart. The Attorney General's opinion is very clear that the City cannot impose more restrictive requirements than that provided by Florida Statutes. If you have any quesfions or if I can provide ary further information to you in this regazd, please don't hesitate to contact me. Very truly yours, . JENSEN ACJ/tdb Cc: James R. Hanson, City Manager AGENDA ITEM 313 diJNE 23, 2003 Florida Attorney General Advisory Legal Opinion Number: AGO 2002-11 Date: January 30, 2002 Subject: Municipal regulation of golf carts on roads Mr. C. Dauid Coffey Cedar Key City Attorney Haile Village Center 5346 Southwest 91st Terrace Gainesville, Florida 32608-7124 RE: GOLF CARTS--MOTOR VEHICLES--MUNICIPALITIES--city may not: impose more restrictive age or licensure requirements for operation of golf carts on public roads. s. 316.008, 316.212, and 322.04, Fla. Stat. Dear Mr. Coffey: You ask substantially the following questions: 1. May the City of Cedar Key impose a minimum age requirement for the operation of a golf cart more restrictive than that allowed by section 316.212, Florida Statutes? 2. May the city require the operator of a golf cart to have a valid Florida drivers license? In sum_ While the City of Cedar Key may restrict the operation of g~~lf carts on city streets where such operation is found to be incompatible with the normal and safe movement of traffic, the city may not impose more restrictive age requirements upon operators of golf carts than that allowed by state law, nor may the city require a golf cart operator to have a valid Florida drivers license. You state that historically the City of Cedar Key has allowed the operation of golf carts on city streets, imposing certain age and other restrictions on the drivers. In light of state statutes addressing the operation of golf carts on city streets, however, the authority of the city to impose more restrictive regulations on golf cart operators has been raised. Due to the interrelated nature of your questions, they will be answered together. Chapter 316, Florida Statutes, the Florida Uniform Traffic Control http://myfloridalegal.com/ago.nsf/printview/21DDA24020D2433985256BS 10050A1 CI)?0... 6/4/2003 AGENDA ITEM 3B TUNE 23, 2003 Law, was enacted to "make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities."[1] The purpose of the act was 'to eliminate the "hodgepodge of ordinances which vary as to lan~3uage and penalty," resulting in an inconvenience and hazard to travel2rs.[2] The provisions of Chapter 316, Florida Statutes, are "applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized."[3] (e.s.) This o:Efice has previously stated that Chapter 316, Florida Statutes, operates to prohibit any local legislation on traffic control or the enforcement thereof under the police power of a municipality, except as may be expressly authorized by the: Uniform Traffic Control Law. [4] Section 316.006(2)(a), Florida Statutes, provides: "Chartered municipalities shall have original jurisdiction over all streets and highways• located within their boundaries, except: state roads, and may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as the} shall deem necessary to indicate and to carry out the provisions of this cYcapter or to regulate, warn, or guide traffic." In enacting Chapter 316, Florida Statutes, the Legislature :also recognized that there are conditions that require municipal:~ties to pass certain traffic ordinances regulating municipal traffic that are not required to regulate the movement of traffic outside of municipalities.[5] Section 316.008, Florida Statutes, expressly recognizes areas in which local authorities may exercise control with respect to the streets and highways under their jurisdiction and within the reasonable exercise of the police power. Among those areas enumerated is the power to restrict the use of streets and to prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic.[6] While municipalities have home rule powers to act upon any matter for municipal purposes, municipal ordinances are inferior to laws of the state and must not conflict with any controlling provision of a statute.['7] As the Florida Supra Court stated in Rinzler v. Carson, [S] "[a] municipality cannot forbid what the legislature hsis expressly licensed, authorized or required, nor may it authorize what the legislature has expressly forbidden." Section 316.212, Florida Statutes, generally prohibits the operation of golf carts upon public streets or roads, except upon those designated by a county or city for use by golf carts. The county or http://myfloridalegal.com/a13o.nsf/printvicw/21DDA24020D2433985256BS 10050AI CD?0... 6/4/2003 .4GEYDA ITEM 3B JUnE 23, 2003 city, however, is responsible for making the determination that golf carts may safely travel on or cross the public street or road, after considering the speed, volume, and character of the motor vehicle traffic using the street or road. Moreover, any person operating a golf cart in accordance with section 316.212, Florida Statutes, is exempt from the requirement of a driver's license.[9] The Legislature, however, has prohibited the operation of a golf' cart on public roads or streets by any person under the age of fourt.een.[10] Where the Legislature prescribes the manner in which something is to be done, it acts as a prohibition against its being done in any other way.[11] In this instance, the Legislature has specified wha may operate a golf cart on the public roads and streets of this state. Thus, a municipality may not prohibit the operation of a golf cart by a person who falls within those classifications of individuzils who the state allows to operate golf carts. Accordingly, while the City of Cedar Key may restrict the operation of golf carts on ciY.y streets where such operation is determined to be incompatible witYi the normal and safe movement of traffic, the city may not impose a more restrictive age requirement for 1:he operation of a golf cart than that which is allowed by sect:~on 316.212, Florida Statutes, nor may the operator be required to have a valid Florida driver's license. Sincerely, Robert A. Butterworth Attorney General RAB/tls [1] Section 316.002, Fla. Stat. [2] See, the preamble to Ch, 71-135, Laws of Florida, creating Ch. 316, Fla. Stat. [3] Section 316.007, Fla that it is unlawful for enforce any ordinance in Fla. Stat. [4] See, Ops. Att'y Gen (1996). . Stat. See, s. 316.002, Fla. Stat., stating any local authority to pass or attempt to conflict with the provisions of Ch. 316, Fla. 01-06 (2001), 98-62 (1998) anal 98-15 [5] Section 316.002, Fla. Stat. http://myfloridalegal.com/ago.nsf/printview/21DDA24020D2433985256BS 10050A1CI)?0... 6/4/2003 AGENDA ITEM 3B TUNE 23, 2003 [6] Section 316.008(7.}(8) and (n), Fla. Stat. [7] See, City of Miami Beach v. Rocio Corp., 404 So. 2d 1066 (Fla. 3d DCA 1981), pet. for rev. den., 408 So. 2d 1092 (Fla. 1981). [8] 262 Sa. 2d 661, 668 (Fla. 1972). [9] Section 322.04(1;1(e), Fla. Stat. [10] Section 316.212(6), Fla. Stat. [il] See, Alsop v. Pierce, 19 So. 2d 799, 805 (Fla. 1944) (where Legislature has prescribed the mode, that mode must be observed). http://myfloridalegal.com/ago.nsf/printviewl21DDA24020D2433985256BS 10050A 1CD?0... 6/4/2003