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Ordinance No. 2025-009AA-,N. CITY OF CLERMONT 1, Choice ORDINANCE NO.2025-009 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 32, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES TO PERMIT THE USE OF GOLF CARTS ON ROADS WITHIN THE CITY LIMITS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVERNERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS this Ordinance is enacted pursuant to §316.212, Fla. Stat., which prohibits operation of golf carts on any public street or road, unless the local government has designated a County Road, municipal road, or portion of a State Road, to be available for use of golf carts; and WHEREAS §316.212, Fla. Stat., requires that the local government determine said road(s) to be safe for use of golf carts, and sets certain minimum requirements and limitations to the operation of golf carts on public roads; and WHEREAS the City of Clermont City Council has evaluated certain City maintained roads, or public easements which are being used as local roads, and has determined that its roads are safe for use of golf carts under the limitations contained herein and as set forth in the above - referenced statute; and WHEREAS the citizens in the areas subject to this Ordinance have shown an interest in the roads being designated for use by golf carts; and WHEREAS the City desires amending Chapter 32 of the City Code to permit the use of golf carts consistent with applicable Florida law, specifically implementing a new division in Chapter 32 of the City Code, Division 4, Sections 32-100 through 32-105. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont that Chapter 32 shall be amended to incorporate a new Division 4, consisting of the provisions set forth in Section 1. SECTION 1: AUTHORITY The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2: Sec. 32-100. Intent. Pursuant to §316.212, Fla. Stat, it is the intent of the City Council to allow and authorize operation of golf carts under the conditions specified herein and set forth in the above -referenced statute on the municipal roads in the City of Clermont described in Section 102- 35. CITY OF CLERMONT CLE � ORDINANCE NO.2025-009 Sec. 32-101. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Golf Cart: Pursuant to §320.01(22), Fla. Stat., a golf cart is a motor vehicle designed for operation on a golf course for sporting or recreational purposes, and that is not capable of exceeding speeds of twenty (20) miles per hour. Municipal Roads: For the purposes of this section only, municipal roads mean any road open for use to the public whether or not it has been dedicated to public use by plat or other means, and regardless of whether it is maintained by the City. Sec. 32-102. Golf Cart Use. (a) Permitted Use. Golf carts may be operated on City of Clermont roads only. (b) Time. Golf carts may be operated on designated municipal roads between sunrise and sunset or between sunset and sunrise subject to the golf cart having equipment and features as stated in Section 32-102(c). (c) Safety Requirements. Golf carts operated on designated municipal roads between sunrise and sunset 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. However, golf carts operated on designated municipal roads between sunset and sunrise must be equipped with headlights, brake lights, turn signals, and a windshield. (d) Age and Identification Requirements. Golf carts may not be operated on any municipal roads by anyone under the age of 18 years who does not have a valid driver license, including a learner's license, or by anyone 18 years or older who does not have a valid form of government -issued photographic identification. (e) Florida Law. Golf carts must be operated in compliance with all applicable local and state traffic laws and the operator may be ticketed in the same manner as a motor vehicle operator under Florida Law. (f) Registration. Golf carts used on municipal roads shall be registered by the City as provided in Sec. 32-103. (g) Expiration. This golf cart Ordinance, 2025-009, will expire on February 11, 2026 unless extended by City Council. C� CITY OF CLERMONT Cl.E d ORDINANCE NO.2025-009 Sec. 32-103. Operator Assumes Risk. Any person operating a golf cart on any municipal road does so at the person's own risk and must operate such a vehicle with due regard for the safety and convenience of other motor vehicles, bicyclists, and pedestrians. The City, in extending operating privileges to golf carts, does so on the express condition that the operator undertakes such operation at the operator's own risk and assumes sole responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and hold harmless the City of Clermont, its officials and employees from any and all claims, demands, damages, or causes of action, known or unknown, of any nature arising from such operation by any person against the City of Clermont, its officials and employees. As a condition precedent to the exercise of this privilege, a golf cart owner shall register the golf cart with the City of Clermont and shall pay a twenty -dollar ($20.00) registration fee. By registering the golf cart, the owner shall confirm compliance with this section; assume the risk of operating golf carts on public roads; and shall hold the City harmless for any loss suffered as a result of operating the golf cart on a public road. A sticker by the City of Clermont shall be issued validating this registration and shall be affixed to the front of the golf cart. Sec. 32-104. Penalties. Violation of this section is a non -criminal traffic infraction punishable as provided in §316.212, Fla. Stat., pursuant to Chapter 318, Florida Statutes. Sec. 32-105. Designated Areas. (a) To alert motorists to the presence of golf carts on roads in Clermont, the City of Clermont shall post signs in all designated areas approved for golf cart traffic. (b) Golf cart traffic shall be permitted on all municipal roads within the City limits that are both west of Highway 27 and north of Highway 50. (c) The City may amend or revoke any and all designations and may close a road to golf cart traffic by resolution of the City Council. SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. CLER ONT CITY OF CLERMONT .(C ORDINANCE NO.2025-009 SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for 'Paragraph", or otherwise to take such editorial license. SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. S CLER ONT CITY OF CLERMONT ORDINANCE NO.2025-009 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 1 Ith day of February, 2025. CITY OF CLERMONT J ,VIP till F Tim Murry, yor Tracy Ackroyd City Clerk MMC Approved as to form and legality stian W. Waugh, 9ity Attorney