Ordinance No. 2021-026C� CITY OF CLERMONT
FAILED
T � ORDINANCE NO.2021-026
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CLERMONT, FLORIDA, AMENDING CHAPTER 62 "TRAFFIC AND
3 VEHICLES" CREATING ARTICLE IV, "GOLF CARTS" SECTIONS 62-
4 45 THROUGH 62-55 OF THE CITY CODES OF THE CITY OF
5 CLERMONT AUTHORIZING THE USE OF GOLF CARTS UPON
6 DESIGNATED STREETS; PROVIDING THAT STATE AND COUNTY
7 ROADS ARE NOT AUTHORIZED; PROVIDING FOR A REVOCABLE
8 LICENSE; PROVIDING FOR WAIVER OF CLAIMS; PROVIDING FOR
9 PARKING REGULATIONS; PROVIDING THAT A DRIVER'S LICENSE
10 IS REQUIRED; PROVIDING FOR REGISTRATION; PROVIDING FOR
11 REQUIRED EQUIPMENT; DESIGNATING A GOLF CART BOUNDARY
12 AREA AUTHORIZING USE ON CERTAIN STREETS; PROVIDING FOR
13 NUMBER OF OCCUPANTS, SPEED AND REQUIRED INSURANCE;
14 PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICT,
15 SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION
16 OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Council has the authority to authorize the operation of golf carts and
19 regulate such operation within its jurisdictional boundaries pursuant to Article VIII, § 2(b) of the
20 Florida Constitution and §§ 166.221; 316.212, Florida Statutes;
21
22 WHEREAS, citizens of the city have expressed an interest in allowing golf carts to be
23 driven upon streets located within the city;
24
25 WHEREAS, the operation of golf carts upon public roads is ordinarily prohibited unless
26 otherwise authorized by the city pursuant to § 316.212, Fla. Stat.;
27
28 WHEREAS, to protect the health, safety, and welfare of its citizens, the City Council
29 desires to prohibit the operation of golf carts along roads and thoroughfares incompatible with
30 such operation and regulate the manner and times of the operation of golf carts upon city streets
31 where such operation is authorized;
32
33 WHEREAS, the City Council has found based on factors including the speed, volume,
34 and character of motor vehicle traffic that golf carts may safely travel on or across the public roads
35 or streets designated and set forth in the body hereof.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
38 CLERMONT, FLORIDA:
39
40 SECTION 1:
41 The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and
42 findings supporting this Ordinance.
43
44 SECTION 2:
45 Chapter 62, "Traffic and Vehicles", Article IV "Golf Carts" of the Code of the City of Clermont,
46 Florida, is hereby created to read as follows:
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R�.,�_ CITY OF CLERMONT
;' ORDINANCE NO.2021-026
Sec. 62-45. Use of golf carts upon designated streets.
3 It shall be lawful for a person holding and in possession of a valid driver license to operate
4 a golf cart, as defined by F.S. § 320.01(22), upon certain designated streets within the boundaries
5 of the city. No such golf cart shall be operated on any other portion of the right-of-way of city,
6 county or state roads except the paved portion of the right-of-way of said street, and there shall be
7 no operation of golf carts on sidewalks, parks or other portions of city lands, the Pinellas Trail and
8 spurs or extensions thereof, right-of-ways or city streets except as specifically designated herein,
9 and public golf courses and private lands allowing such use. All use of golf carts on designated
10 city streets shall be in strict accordance with F.S. § 316.212 or any amendments thereto or any
11 other provisions of Florida Statutes regulating the use of golf carts on public streets. All persons
12 operating a golf cart on city streets must comply with all other applicable traffic laws regarding
13 the operation of such a vehicle. Nothing herein shall relieve the operator of a golf cart from
14 compliance with all laws and ordinances otherwise pertaining to the operation of a vehicle.
15
16 Sec. 62-46. State and county roads not authorized.
17
18 Nothing herein shall be deemed to authorize the operation of a golf cart on a state or county
19 road or right-of-way or to allow the crossing of a state or county road other than at such crossings
20 and in such locations as shall be permitted and specified by the F.S. § 316.212 or by specific
21 authorization from the state, or an administrative agency thereof, or by the county.
22
23 Sec. 62-47. Licensed use; revocable.
24
25 (a) The operation of a golf cart on designated city streets shall be deemed to be a
26 licensed use of those streets and to be revocable upon the will of the city council in its legislative
27 capacity based on its consideration of the health, safety and welfare of the public arising from such
28 use.
29
30 (b) The issuance of a license or other permission for the operation of golf carts on city
31 streets shall not limit or otherwise preclude the city council from the amendment of this article,
32 revocation of this article, contracting or expanding the streets or roads on which golf cars can be
33 operated, or the designation of crossing points for state and county roads. All persons operating
34 golf carts on city streets under this license from the city shall do so on the condition that there shall
35 be no claim for any monetary loss or other claim for the loss of allowed golf cart operation on such
36 streets or any monetary claim therefore based on a claim for action in reliance on the provisions
37 of this article. The city council retains the unlimited legal authority to revoke, amend or to
38 otherwise legislate as to the operation of golf carts on city streets without liability of any kind
39 arising from its legislative decisions.
40
41 Sec. 62-48. Waiver of claim.
42
43 Any person operating a golf cart enjoying a license hereunder for such purpose and all
44 persons who are passengers in such golf cart shall be deemed to have waived any claim against
45 the city for its legislative decision to allow the operation of such golf carts on designated city
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CITY OF CLERMONT
C7- ORDINANCE NO.2021-026
streets in compliance with this article, and this article is declared by the city commission to be a
legislative act of the city pursuant to the authority granted by state statute.
4 Sec.62-49. Parking.
6 Golf carts operated on designated city streets, when parked in public parking spaces, such
7 golf carts shall be parked in a manner within such space side by side or in another fashion that
8 allows either golf cart to leave the space when desired. It shall be the obligation of each golf cart
9 operator to park the golf cart in a manner that will allow the use of the public parking space by
10 another golf cart. This section shall be applicable to such areas as are specifically designated for
11 vehicle parking use either on city streets or off the right-of-way of city streets, in parking lots
12 owned and controlled by the city, or in such other areas as are designated by signage or ground
13 marking for such usage, and on public lands specifically allowing such use. Identified handicapped
14 parking spaces may be used by golf carts complying with the law for use of these spaces by
15 vehicles.
16
17 Sec. 62-50. Driver license.
18
19 All persons operating a golf cart on designated city streets shall, upon request of a law
20 enforcement officer, be in possession of a valid driver license; it shall be unlawful for a golf cart
21 to be operated on designated city streets by any person who is not the owner of and in possession
22 of a valid driver license. No person may operate a golf cart on city streets who has a suspended
23 driver's license or whose driver's license has been revoked.
24
25 Sec. 62-51. Registration of golf carts.
26
27 All golf carts operating on city streets, prior to such operation, shall be registered with the
28 city on an annual basis by such persons and in such a manner as is administratively determined by
29 the city manager. The registration process shall include the payment of an annual registration fee
30 in an amount to be determined by resolution of the city council. An inspection to verify road
31 worthiness, and the presence of required equipment may be instituted by the city as a condition of
32 registration and operation of a golf cart on city designated streets. Decals reflecting a valid
33 registration must be visibly affixed to each registered golf cart on the back driver's side of said golf
34 cart in a location that is easily visible to law enforcement personnel. Such registration and decal
35 must be current at all times the golf cart is operated on city streets. No registration is required for
36 golf carts which are not operated on city streets.
37
38 Sec. 62-52. Required equipment.
39
40 All golf carts operated on designated streets must be equipped with efficient brakes,
41 reliable steering, a horn meeting the standards of F.S. § 316.271, safe tires, a rearview mirror, and
42 red reflectorized warning devices in both the front and rear of such golf cart, at all times while the
43 golf cart is operated on designated city streets. All golf carts operated between sunset and sunrise
44 on designated city streets shall also be properly equipped with headlights, brake lights, turn signals
45 and a windshield. The provisions of this article may be enforced by law enforcement officers and
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CITY OF CLERMONT
C ORDINANCE NO.2021-026
1 as to such matters not requiring action only by a law enforcement officer, by both city code
2 enforcement officers and law enforcement officers.
3
4 Sec. 62-53. Designated streets.
5
6 The city streets within the borders delineated on the exhibit attached hereto and labeled
7 "Golf Cart Boundary" are the designated city streets on which golf carts may be operated, and only
8 in those designated areas. The crossings of state and county roads as depicted thereon shall be
9 lawful for the operation of golf carts only when and if those crossings are approved by the
10 appropriate state and county agencies having jurisdiction over that decision. It is unlawful for a
11 golf cart to cross a state or county road at any other location.
12
13 Sec. 62-54. Number of occupants, speed and required insurance.
14
15 (a) The number of occupants in any golf cart being operated on the designated streets of the
16 city shall be restricted to the number of seats on the golf cart, not exceeding the number of persons
17 for which the golf cart was designed and which is consistent with the number of seats provided by
18 the golf cart manufacturer.
19 (b) It shall be unlawful for any occupant of a golf cart to stand at any time while the golf cart
20 is in motion.
21 (c) All golf carts permitted to travel on designated city streets within the city shall have a
22 maximum attainable speed of 20 miles per hour.
23 (d) It is unlawful for a person to drive a golf cart at such a slow speed as to impede or block
24 the normal and reasonable movement of traffic, except when reduced speed is necessary for safe
25 operation or in compliance with law. It is the duty of the operator of a golf cart to leave the paved
26 surface of a designated street to allow other motor vehicles to proceed at the lawful speed on such
27 street as an exception to this Article and subparagraph (e) below.
28 (e) It is unlawful for a golf cart to be operated on city sidewalks, rights -of -way and other
29 locations on which a motor vehicle cannot be operated, and as proscribed by state statute or city
30 ordinance, except for compliance with subparagraph (d) above.
31 (f) It shall be unlawful for any golf cart to be operated on the designated streets of the city
32 unless and until the owner(s) thereof has purchased liability insurance insuring against personal
33 injury and damage to property relative to the operation of golf carts on said designated city streets.
34 The said insurance must be in full force and effect at all times the golf cart is operated on designated
35 city streets. Proof of insurance must be presented to the city upon registration and licensing of the
36 golf cart to operate on designated city streets, and to a law enforcement officer or code enforcement
37 officer upon request.
38
39 Sec. 62-55. Enforcement.
40
41 Violations of this article shall be enforced pursuant to the provisions of F.S. § 316.212(8)
42 and city ordinances by a law enforcement officer or city code enforcement officer as such officer's
43 legal authority and jurisdiction allows. Code enforcement officers shall have the right to enforce
44 all matters having to do with golf cart required equipment, the streets upon which golf carts may
45 be operated, the lawful parking of golf carts and all other matters not exclusively within the
46 jurisdiction of and lawful authority of law enforcement officers. In addition, other avenues for the
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CITY OF CLERMONT
_ ORDINANCE NO.2021-026
1 enforcement of violations of this article may be enforced by city code enforcement officers and
2 the city code enforcement board or special magistrate as their jurisdiction and legal authority
3 allows.
4
5 Sec. 62-56 — 62 -60. Reserved
6
7 SECTION 3: CONFLICT
8 All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and
9 all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the
10 extent of such conflict.
11
12 SECTION 4: SEVERABILITY
13 Should any provision of this Ordinance be declared by a court of competent jurisdiction to be
14 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other
15 than the part declared to be invalid.
16
17 SECTION 5: CODIFICATION
18 The text of Section 2 of this ordinance shall be codified as a part of the Clermont City Code The
19 codifier is authorized to make editorial changes not effecting the substance of this ordinance by
20 the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such
21 editorial license.
22
23 SECTION 6: ADMINISTRATIVE CORRECTION
24 Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
25 Section 2 of the Ordinance may be re -numbered or re -lettered and the correction of typographical
26 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
27 designee, without need of public hearing, by filing a corrected or re -codified copy of same with
28 the City Clerk.
29
30 SECTION 7: PUBLICATION AND EFFECTIVE DATE
31 This Ordinance shall be published as provided by law and it shall become law and shall take effect
32 immediately upon its Second Reading and Final Passage.
33
34 First Reading this 27'i' day of July, 2021.
35 Second Reading this 10' day of August, 2021.
36
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CITY OF CLERMONT
C� ddvptm ORDINANCE NO.2021-026
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 10a' day of August, 2021.
CITY OF CLERMONT
FAILED
Tim Murry, Mayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Daniel F. Mantzaris, City Attorney
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