The purpose of this article is to set forth regulations governing the safe operation of golf carts and neighborhood electric vehicles within the corporate boundaries of the City to preserve the safety and welfare of the public.
[HISTORY: Adopted by the City Council of the City of Collinsville as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-2020 by Ord. No. 666]
A person may operate a golf cart or neighborhood electric vehicle within the corporate boundaries of the City only in the manner provided in this article. This article is not applicable to:
A.
The operation of a golf cart or neighborhood electric vehicle strictly in the manner authorized by V.T.C.A., Transportation Code, §§ 551.304(1) (relating to neighborhood electric vehicles) and 551.403(1) (relating to golf carts), as the same may be amended from time to time; or
B.
The operation of a golf cart or neighborhood electric vehicle by public safety personnel or other government officials in the course of official business.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
The Chief of Police.
The City of Collinsville Police Department.
An authorization issued by a state for the operation of a motor vehicle. The term includes temporary licenses, instructional permits, and occupational licenses.
A motor vehicle that is manufactured primarily for operation on a golf course.
A motor vehicle that is:
The person operating and having physical control over an NEV or golf cart. An operator must carry a valid Texas driver's license.
Have the meaning assigned by V.T.C.A., Transportation Code § 502.001, and shall mean the person who has legal title to the golf cart or NEV, has legal right of possession of the vehicle, or has the legal right of control of the vehicle.
Those areas accessible to the public by motor vehicle traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as "parking lots."
The person to whom a golf cart or NEV registration permit has been issued by the City.
Shall have the meaning assigned by V.T.C.A., Transportation Code § 502.001, as it exists or may be amended, and includes a road, street, way, thoroughfare, or bridge:
For the purposes of this article, a public highway includes all property, both improved and unimproved, between the property lines of a roadway system.
The portion of a public highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.
A.
Vehicle equipment. All golf carts and NEVs operated on public highways within the City shall be equipped with:
(1)
Two headlights;
(2)
Two taillamps;
(3)
Side reflectors (two front, amber in color; and two rear, red in color);
(4)
A parking brake;
(5)
Review mirror(s) installed in the manner required by the Texas Transportation Code;
(6)
A slow-moving vehicle emblem issued by the Texas Department of Transportation; and
(7)
Golf carts that are powered by gasoline shall at all times be equipped with an exhaust system in working order and in constant operation and meet the following specifications:
(a)
The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer;
(b)
The exhaust system and its elements shall be securely fastened with brackets or hangers which are designed for the particular purpose of fastening golf cart exhaust systems;
(c)
The engine and powered mechanism of every golf cart shall be so equipped, adjusted and tuned so that the exhaust is in good working order; and
(d)
It shall be unlawful for the owner of any golf cart to operate or permit the operation of such golf cart on which any device controlling or abating atmospheric emissions which is placed on a golf cart by the manufacturer is rendered unserviceable by removal, alteration, or which interferes with its operation.
B.
The equipment described in Subsection A above shall be in compliance with all applicable state and federal motor vehicle safety standards and shall at all times be operational and in good working order.
C.
Required safety equipment. A person may not operate, ride, or be carried on a golf cart or NEV on a public highway or parking area within the City unless the person wears seat belts, if the vehicle is equipped with seat belts.
The owner of a golf cart or NEV operated on a public highway or parking area within the City must have a current registration permit issued by the Department, and the vehicle must have a current registration placard displayed at all times.
A.
Permit application. The owner of a golf cart or NEV to be operated on a public highway or parking area shall, annually, submit a permit application on a form provided by the Department, which shall include the following information:
(1)
Name and physical mailing address of the owner;
(2)
Location where the vehicle is regularly stored overnight;
(3)
Make, model and vehicle identification number;
(4)
A copy of the owner's current driver's license;
(5)
A statement that the owner has been furnished a copy of this article and agrees to comply with all rules and regulations contained in this article as well as all other local, state or federal laws governing the use of golf carts and NEVs;
(6)
Proof of current financial responsibility for the vehicle as required of other passenger vehicles in V.T.C.A., Transportation Code § 601.051;
(7)
A copy of the applicant's Texas driver's license;
(9)
For golf carts, a valid golf cart license plate issued by the state of Texas when required by state law; and
(10)
Any other information the Department may reasonably require in the Chief's discretion.
B.
Annual permit fee. The Department shall assess an annual permit fee in the amount of $50 to offset the administrative costs associated with review and issuance of the permit and vehicle placard. The permit fee will be prorated for first time applicants after January 31 of any given year based upon the number of months remaining in the then current year upon the date of application; each permit issued thereafter for such vehicle shall be issued for a period of one year and the full amount of the fee shall be paid regardless of the month in which a new permit is issued.
[Amended 3-11-2024 by Ord. No. 786-2024]
C.
Vehicle inspection. Upon receipt of the completed application and permit fee, the Department will schedule an inspection of the vehicle for compliance with this article.
D.
Issuance of permit; vehicle placard. Upon the Chief's approval of a completed application and vehicle inspection, a permit will be issued to the owner, accompanied by a vehicle placard. The owner shall immediately affix the placard to the vehicle in a conspicuous location to the rear of the vehicle, clearly visible from a distance of at least 50 feet behind the vehicle during operation. The placard must remain clearly visible at all times during operation upon a public highway or parking area and shall not be altered, obstructed, damaged or otherwise made illegal.
E.
Permit expiration. The permit shall be effective from January 1st through December 31 of each year, unless earlier revoked by the Chief in the manner provided in Subsection F. Permits are issued in the owner's name, are vehicle-specific and are nontransferable. If the vehicle is sold or transferred to a new owner, the permit shall automatically expire as of the date of sale or transfer, as applicable, and the new owner shall be required to obtain a permit from the Department and pay a fee as required by Subsection B.
[Amended 3-11-2024 by Ord. No. 786-2024]
F.
Permit revocation. The Chief may, in his/her sole discretion, revoke a vehicle permit issued under this article upon the occurrence of any one or more of the following:
(1)
The owner or any person operating the golf cart or NEV fails to comply with all rules and regulations contained in this article, including failure to maintain liability insurance; or
(2)
The owner or any person operating the golf cart or NEV fails to comply with the traffic laws or operates the vehicle in an unauthorized area, including the use of a wireless communication device in a school zone during times when such use is prohibited for other motor vehicle operators.
G.
Appeal. An owner whose completed permit application is denied or whose permit is revoked by the Chief may appeal the decision within 10 days of the date of the Chief's written denial or revocation. An appeal under this Subsection G shall be made in writing and timely filed with the City Secretary. The written appeal shall include a copy of the Chief's written denial or revocation issued by the Police Department and a detailed statement describing the owner's basis for appeal. Upon receipt of a timely appeal, the City Secretary shall schedule a hearing before the City Council, which shall review the Chief's denial or revocation. The City Council's determination on appeal shall be final and may not be further appealed.
A person may not operate a golf cart or NEV on a public highway or parking area unless a current, valid registration permit has been issued by the Department for the vehicle and the person operates the vehicle in compliance with the rules of operation set forth in this article. A person commits an offense if the person operates a golf cart or NEV upon a public highway or parking area in violation of any rule set forth in this article.
A.
The vehicle shall not be operated on a public street having a maximum speed limit greater than twenty (35) miles per hour.
B.
The person operating the vehicle shall have in their possession a valid driver's license and proof of current financial responsibility for the vehicle as required of other passenger vehicles in V.T.C.A., Transportation Code § 601.051.
C.
The operation of the vehicle shall be in full compliance with all the applicable federal, state and local laws and ordinances.
D.
The vehicle shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail, or any other location that is customarily used for pedestrian traffic.
E.
A person operating a golf cart or NEV is entitled to use the full lane of traffic on public streets, parking areas, and traffic ways, and no motor vehicle shall be driven in such a manner as to deprive the vehicle of the full use of a lane.
F.
A person operating a golf cart or NEV shall not overtake or pass, or attempt to overtake or pass, another motor vehicle, including another golf cart or NEV, in the same lane occupied by the vehicle being overtaken.
G.
A person operating a golf cart or NEV shall not operate the vehicle between lanes of traffic or between adjacent lines or rows of motor vehicles, including other golf carts or NEVs, located upon a public highway.
H.
A person operating a golf cart or NEV on a public highway may only cross a multilane federal, county or state highway at an intersection controlled by an official traffic control device which stops traffic from all directions.
I.
A person operating a golf cart or NEV shall not, at any time while the vehicle is in motion, permit the number of occupants in the vehicle to exceed the number of persons for whom factory seating has been installed by the manufacturer. Aftermarket seating installed by any person other than the manufacturer of the vehicle shall not be counted in determining the number of authorized passengers allowed during operation.
J.
A person operating a golf cart or NEV shall ensure all "children" (defined herein as persons 16 years of age and younger) are properly seated at all times while the vehicle is in motion. The person operating the vehicle shall further ensure that no child younger than six years of age is permitted to ride on the vehicle unless the child is restrained by a safety belt restraint system designed for use by the child on the vehicle. Under no circumstances shall a child be transported on a recreational off-highway vehicle in a reckless or negligent manner.
K.
A person operating a golf cart or NEV may not use the vehicle to tow another person, golf cart, NEV, trailer, or other motor vehicle of any kind, including, without limitation, persons on roller skates, skateboards or bicycles.
L.
A person operating a golf cart or NEV shall not operate the vehicle during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any other time when there is insufficient light to clearly see persons or other vehicles on the roadway at a minimum distance of 500 feet.
M.
A person operating a golf cart or NEV shall ensure that every passenger in the vehicle is properly seated and secured in a seat designed to hold passengers. No person may stand or ride in the lap of the operator or other passenger(s) of the vehicle while it is in motion.
N.
The owner of the golf cart or NEV shall at all times be solely liable and accountable for the actions of any and all persons that the owner allows to operate the vehicle.
A person commits an offense if the person violates any provision, rule or regulation in this article. An offense under this article is declared to be a misdemeanor, and any person found to be guilty thereof shall be punishable by a fine not to exceed $500. Each and every day any such violation shall continue shall be deemed to constitute a separate offense.
An offense committed before the effective date of this article is governed by prior law and the provisions of the Code of the City of Collinsville, Texas, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose.
[Adopted 6-8-2020 by Ord. No. 667]
The purpose of this article is to set forth regulations governing the safe operation of recreational off-highway vehicles within the corporate boundaries of the City to preserve the safety and welfare of the public.
A person may operate a recreational off-highway vehicle within the corporate boundaries of the City only in the manner provided in this article. This article is not applicable to the operation of an off-highway vehicle strictly in the manner authorized in V.T.C.A., Transportation Code § 551A.055, as the same may be amended from time to time; or the operation of an off-highway vehicle by public safety personnel or other government officials in the course of official business.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
The Chief of Police.
The City of Collinsville Police Department.
An authorization issued by a state for the operation of a motor vehicle. The term includes temporary licenses, instructional permits, and occupational licenses.
The person operating and having physical control over the recreational off-highway vehicle. An operator must carry a valid Texas driver's license.
The meaning assigned by V.T.C.A., Transportation Code § 502.001, and shall mean the person who has legal title to the recreational off-highway vehicle, has legal right of possession of the vehicle, or has the legal right of control of the vehicle.
Those areas accessible to the public by motor vehicle traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as "parking lots."
The person to whom a recreational off-highway vehicle registration permit has been issued by the City.
Shall have the meaning assigned by V.T.C.A., Transportation Code § 502.001, as it exists or may be amended, and includes a road, street, way, thoroughfare, or bridge:
For the purposes of this article, a public highway includes all property, both improved and unimproved, between the property lines of a roadway system.
A motor vehicle that is:
The portion of a public highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.
A.
Vehicle equipment. All recreational off-highway vehicles operated on public highways within the City shall be equipped with:
B.
The equipment described in Subsection A above shall be in compliance with all applicable state and federal motor vehicle safety standards and shall at all times be operational and in good working order.
C.
Required safety equipment. A person may not operate, ride, or be carried on an off-highway vehicle on a public highway or parking area within the City unless the person wears:
The owner of a recreational off-highway vehicle operated on a public highway or parking area within the City must have a current registration permit issued by the Department, and the vehicle must have a current registration placard displayed at all times.
A.
Permit application. The owner of a recreational off-road vehicle to be operated on a public highway or parking area shall, annually, submit a recreational off-highway vehicle permit application on a form provided by the Department, which shall include the following information:
(1)
Name and physical mailing address of the owner.
(2)
Location where the vehicle is regularly stored overnight.
(3)
Make, model and recreational vehicle identification number.
(4)
A copy of the owner's current driver's license.
(5)
A statement that the owner has been furnished a copy of this article and agrees to comply with all rules and regulations contained in this article as well as all other local, state or federal laws governing the use of recreational off-highway vehicles.
(6)
Proof of current financial responsibility for the recreational off-highway vehicle as required of other passenger vehicles in V.T.C.A., Transportation Code § 601.051.
(7)
A copy of the applicant's Texas driver's license.
(9)
Any other information the Department may reasonably require in the Chief's discretion.
B.
Annual permit fee. The Department shall assess an annual permit fee in the amount of $50 to offset the administrative costs associated with review and issuance of the permit and vehicle placard. The permit fee will be prorated for first time applicants after January 31 of any given year based upon the number of months remaining in the then current year upon the date of application; each permit issued thereafter for such vehicle shall be issued for a period of one year and the full amount of the fee shall be paid regardless of the month in which a new permit is issued.
[Amended 3-11-2024 by Ord. No. 786-2024]
C.
Vehicle inspection. Upon receipt of the completed application and permit fee, the Department will schedule an inspection of the recreational off-highway vehicle for compliance with this article.
D.
Issuance of permit; vehicle placard. Upon the Chief's approval of a completed application and vehicle inspection, a permit will be issued to the owner accompanied by a vehicle placard. The owner shall immediately affix the placard to the vehicle in a conspicuous location to the rear of the vehicle, clearly visible from a distance of at least 50 feet behind the vehicle during operation. The placard must remain clearly visible at all times during operation upon a public highway or parking area and shall not be altered, obstructed, damaged or otherwise made illegal.
E.
Permit expiration. The permit shall be effective from January 1 through December 31 of each year, unless earlier revoked by the Chief in the manner provided in Subsection F. Permits are issued in the owner's name, are vehicle-specific, and are nontransferable. If the vehicle is sold or transferred to a new owner, the permit shall automatically expire as of the date of sale or transfer, as applicable, and the new owner shall be required to obtain a permit from the Department and pay a fee as required by Subsection B.
[Amended 3-11-2024 by Ord. No. 786-2024]
F.
Permit revocation. The Chief may, in his/her sole discretion, revoke a recreational off-highway vehicle permit issued under this article upon the occurrence of any one or more of the following:
(1)
The owner or any person operating the recreational off-highway vehicle fails to comply with all rules and regulations contained in this article, including failure to maintain liability insurance; or
(2)
The owner or any person operating the recreational off-highway vehicle fails to comply with the traffic laws or operates the vehicle in an unauthorized area, including the use of a wireless communication device in a school zone during times when such use is prohibited for other motor vehicle operators.
G.
Appeal. An owner whose completed permit application is denied or whose permit is revoked by the Chief may appeal the decision within 10 days of the date of the Chief's written denial or revocation. An appeal under this Subsection G shall be made in writing and timely filed with the City Secretary. The written appeal shall include a copy of the Chief's written denial or revocation issued by the Police Department and a detailed statement describing the owner's basis for appeal. Upon receipt of a timely appeal, the City Secretary shall schedule a hearing before the City Council, which shall review the Chief's denial or revocation. The City Council's determination on appeal shall be final and may not be further appealed.
A person may not operate a recreational off-highway vehicle on a public street or parking area unless a current, valid recreational off-highway registration permit has been issued by the Department for the vehicle and the person operates the vehicle in compliance with the rules of operation set forth in this article. A person commits an offense if the person operates a recreational off-highway vehicle upon a public highway or parking area in violation of any rule set forth in this article.
A.
The vehicle shall not be operated on a public street having a maximum speed limit greater than twenty (35) miles per hour.
C.
The operation of the recreational off-highway shall be in full compliance with all the applicable federal, state and local laws and ordinances.
D.
The recreational off-highway vehicle shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail, or any other location that is customarily used for pedestrian traffic.
E.
A person operating a recreational off-highway vehicle is entitled to use the full lane of traffic on public streets, parking areas, and traffic ways, and no motor vehicle shall be driven in such a manner as to deprive any recreational off-highway vehicle of the full use of a lane.
F.
A person operating a recreational off-highway vehicle shall not overtake and/or pass, or attempt to overtake and/or pass, another motor vehicle, including another recreational off-highway vehicle, in the same lane occupied by the motor vehicle being overtaken.
G.
A person operating a recreational off-highway vehicle shall not operate the vehicle between lanes of traffic or between adjacent lines or rows of motor vehicles, including other recreational off-highway vehicles, located upon a public highway.
H.
A person operating a recreational off-highway vehicle on a public highway may only cross a multilane federal, county or state highway at an intersection controlled by an official traffic control device which stops traffic from all directions.
I.
A person operating a recreational off-highway vehicle shall not, at any time while the vehicle is in motion, permit the number of occupants in the vehicle to exceed the number of persons for whom factory seating has been installed by the manufacturer. Aftermarket seating installed by any person other than the manufacturer of the vehicle shall not be counted in determining the number of authorized passengers allowed during operation.
J.
A person operating a recreational off-highway vehicle shall ensure all "children" (defined herein as persons 16 years of age and younger) are properly seated at all times while the vehicle is in motion. The person operating the vehicle shall further ensure that no child younger than six years of age is permitted to ride on the vehicle unless the child is restrained by a safety belt restraint system designed for use by the child on the vehicle. Under no circumstances shall a child be transported on a recreational off-highway vehicle in a reckless or negligent manner.
K.
A person operating a recreational off-highway vehicle may not use the vehicle to tow another person, recreational off-highway vehicle, trailer, or other motor vehicle of any kind, including, without limitation, persons on roller skates, skateboards or bicycles.
L.
A person operating a recreational off-highway vehicle shall not operate the vehicle during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or any other time when there is insufficient light to clearly see persons or other vehicles on the roadway at a minimum distance of 500 feet.
M.
A person operating a recreational off-highway vehicle shall ensure that every passenger in the vehicle is properly seated and secured in a seat designed to hold passengers. No person may stand or ride in the lap of the operator and/or other passenger(s) of the vehicle while it is in motion.
N.
The owner of the recreational off-road vehicle shall at all times be solely liable and accountable for the actions of any and all persons that the owner allows to operate the vehicle.
A person commits an offense if the person violates any provision, rule and/or regulation in this article. An offense under this article is declared to be a misdemeanor, and any person found to be guilty thereof shall be punishable by a fine not to exceed $500. Each and every day any such violation shall continue shall be deemed to constitute a separate offense.
An offense committed before the effective date of this article is governed by prior law and the provisions of the Code of the City of Collinsville, Texas, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose.