[HISTORY: Adopted by the Village Board of the Village of
Theresa 5-2-2022 by Ord. No. 2022-03. Amendments noted where applicable.]
"Neighborhood Electric Vehicles" (NEV) means a self-propelled
motor vehicle that has successfully completed the Neighborhood Electric
Vehicle America test program conducted by the Federal Department of
Energy and that conforms to the definition and requirements for low-speed
vehicles as adopted in the Federal Motor Vehicle Safety Standards
for "low-speed vehicles" under 49 CFR 572.3(b) and 571.500. "NEV"
does not include an electric golf cart.
A.
NEV/LSVs shall be four-wheeled and have a maximum speed range of
at least 20 miles per hour on a paved surface and shall have a gross
vehicle weight at rest of less than 3,000 pounds.
B.
NEV/LSVs shall meet the general test conditions under 49 CFR 571.60056,
and shall have all of the following items of equipment.
(1)
Headlamps;
(2)
Front and rear turn signals;
(3)
Stop lamps;
(4)
Reflex reflectors: one red on each side as far to the rear as practicable,
and one red on the rear;
(5)
An exterior mirror mounted on the driver's side and either an
exterior mirror on the passenger side or an interior rearview mirror;
(6)
Parking brake;
(7)
A windshield that conforms to the requirements of the federal motor
vehicle safety standard on glazing materials (49 CFR 571.205);
(8)
A vehicle identification number VIN that complies with federal law
(49 CFR 565); and
(9)
Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209,
and Federal Motor Safety Standard No. 209, for each designated seating
position.
Golf cart is defined as a motorized vehicle with four wheels
that is not designed to be operated at a speed of more than 25 miles
per hour. Said golf cart is generally designed to carry two or four
persons including the driver.
Each golf cart shall be equipped with the following before operation
on any street within the Village limits:
A.
The permit, notwithstanding the date of purchase, shall be valid
only from April 1 to November 1 during the calendar year. Unless previously
revoked within the one-year period, permits may be issued by the Village
Police Department to owners upon:
B.
The Village Police Department may grant an exception to this chapter
and allow any type of golf cart to be used on any Village street by
community and/or civic organization for community events/parades.
Said exemption shall be in writing.
NEV/golf cart must have certificate of insurance in effect that
covers the NEV/golf cart and meets minimum required coverage. Operator/owner
must show proof of insurance coverage upon demand from any traffic
officer. Certificate of insurance must show listing company, policy
term and minimum limits of liability of $100,000 per person, $300,000
per accident and $5,000 medical before a permit will be issued.
A.
Each operator of an NEV and/or golf cart shall comply with the following:
(1)
Each operator of an NEV/golf cart must be at least 16 years of age,
have a valid driver's license.
(2)
The operator shall display the operator's license upon demand
from any law enforcement officer, state patrol officer, inspector
under § 110.07(1), Wis. Stats., conservation warden, or
municipal peace officer.
(3)
Operator of a golf cart shall display the Village of Theresa permit
sticker.
(4)
All riders must remain seated when NEV/golf cart is in motion.
(5)
Number of occupants shall comply with seat belt regulations if said
NEV/golf cart was originally equipped with seat belts.
(6)
NEV/golf carts may be operated on Village streets between April 1
and November 1 during daylight hours based on the official sunrise
and sunset.
(7)
NEV/golf cart headlamps must be on during operation.
(8)
NEV/golf carts may not be operated on Village streets during inclement
weather such as rain, snow, fog or when visibility may be 500 feet
or less.
(9)
No NEV/golf cart shall exceed 25 miles per hour.
(10)
NEV/golf cart shall operate in single file on the far right
side of the roadway and shall yield the right-of-way to overtaking
motor vehicles.
(11)
No item can be towed by an NEV/golf cart.
(12)
No operator/person shall leave or allow and NEV/golf carts owned
or operated by him/her to remain unattended on any public street or
public property while the motor is running or with the starting key
left in the ignition.
A.
Define: "Village" means the Village of Theresa, a Wisconsin Municipal
Corporation. All references to the Village in this ordinance shall
apply only within the jurisdictional limits of the Village of Theresa,
and the Village makes no attempt to exercise authority outside the
jurisdictional limits of the Village of Theresa.
B.
NEVs authorized pursuant to § 349.26, Wis. Stats., and
this Village Ordinance 336 in respect to golf carts, shall be allowed
to operate on any public street, parking lot, or alley within the
Village of Theresa subject to the following restrictions:
(1)
An NEV/golf cart shall not travel off the paved/gravel parking lot
or roads at any Village Park, with the exception to park.
(2)
NEV/golf carts shall not operate on any sidewalk, pedestrian walkway
or path.
(3)
NEV/golf cart operations are at the risk of the operator. The Village
of Theresa has no liability for any damage or injury to persons, real
property or personal property, arising out of the operation of golf
cart/NEV on designated routes.
(4)
No NEV/golf cart operator or passenger are allowed open alcoholic
containers while operating on Village streets. No person shall operate
an NEV/golf cart wile under the influence of an intoxicant, a restricted
controlled substance, a controlled substance analog, or any combination
of these elements, to a degree, which renders the person incapable
of safely operating the NEV/golf cart.
No person shall operate an NEV or golf cart on any private property,
other than property owned by the operator, without the consent of
the property owner.
