City of Oconto Falls, WI Chapter 406 Golf Carts

[HISTORY: Adopted by the Common Council of the City of Oconto Falls 8-10-2021 by Ord. No. 21-003. Amendments noted where applicable.]

§ 406-1 Intent.

A. The City of Oconto Falls, Oconto County adopts the following ordinance creating a route for the operation of golf carts upon the roadways listed herein.

B. Following due consideration of the value to provide recreational opportunities and weighted against the possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this route has been created.

C. Chapter 406, Golf Carts, is hereby created, pursuant to Section 349.18(1)(c) of the Wisconsin Statutes, City Ord. Chapter 406, Golf Carts, §§ 406-1 through 406-8, operation restricted.

§ 406-2 Statutory authority.

This route is created pursuant to City authority under Wis. Stats. § 349.1 8(1)(c). This ordinance is intended to facilitate the implementation of Wis. Stats. § 349.18(1)(c). To the extent necessary to accomplish this; Wis. Stats. § 349.18(1)(c) is hereby adopted by reference. In the event that any provision of this ordinance is inconsistent, or conflicts with such statutes or any of them, that statute, and not this ordinance, shall control and be applied.

§ 406-3 Conditions.

A. As a condition of the use of this golf cart route, the following conditions shall apply to all operators and passengers:

(1) Speed. No person shall operate a golf cart within the City of Oconto Falls or on any trail or street or other public way designated in this Chapter at a speed in excess of any posted limit.

(a) Any golf cart which is not able to attain the speed of 25 mph must display a slow moving vehicle sign as stated in Wis. Stats. § 347.245(1). [See 10-7-4(b).]

(b) Restriction on equipment. No golf cart may be operated on any street within the City limits unless it conforms to all noise, registration and other equipment requirements as stated in the Wisconsin Statutes or the Municipal Code of the City of Oconto Falls.

(2) Headlights and taillights.

[Amended 9-14-2021 by Ord. No. 21-004]

(a) Every golf cart operating within the City upon any public street must display a lighted headlight and taillight during hours of dusk/night and said lights must conform to the requirements of this chapter.

(b) Headlights shall be of a white or clear light and must be capable of illuminating the road ahead during hours of darkness and be observed at a distance of 500 feet. Headlights must be properly adjusted as not to interfere with the operation of other vehicles on the roadway.

(c) Taillights shall be red in color and be observable to a distance of 500 feet at night.

(3) Unattended vehicles. No person shall leave or allow any golf cart owned or operated by him/her to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

(4) Operation on sidewalks prohibited. No person shall operate a golf cart upon any sidewalk, pedestrian way or upon the (terrace) area between the sidewalk and the curb line of any street in the City, except as specifically authorized for the purpose of legally crossing the street, to obtain immediate access to an authorized area of operation.

(5) Restrictions on operators of golf carts. Operation by nonlicensed or youthful operators restricted to Wis. Stats. § 23.33(5)(1). No person who is not lawfully licensed, under current driver's license suspension, revocation or cancellation for any reason, may operate a golf cart upon City streets within the corporate limits of Oconto Falls.

(6) Addition of utility vehicles. Included within this Chapter, for use within the City limits under the same terms and restrictions as a golf cart, shall be utility vehicles that do not meet the definition of "utility terrain vehicle" as set forth in Wis. Stats. § 23.33(ng), in that they may not have a structural system for protection of passengers in a rollover of the vehicle, and which may not be required to meet the registration requirements of Wis. Stats. § 23.33(2).

§ 406-4 Routes.

A. Golf cart routes and trails designated. (Route will follow the current ATV/UTV routes within the City limits.)

(1) Routes designated. Except as provided in Wisconsin Statutes or herein stated, no person shall operate any vehicle upon any public right-of-way, in any public park or cemetery or on any other public or private property in the City except upon routes and trails designated by the City Council as golf cart routes. There shall be certain established routes or streets within the City limits. These routes shall be designated as golf cart routes and are to be used for that purpose, under all circumstances at any time of day or night.

(2) Operation prohibited in certain areas.

(a) The following streets will be closed to golf car/cart use as a route and may only be crossed to access a route. STH 22, CTH CC (Green Bay Ave), CTH I, CTH B, Scott Dr, Ski Tow Rd.

(b) The following streets will be closed around schools from September 1 to June 1: Columbia St from Farm Rd to CTH I, Farm Rd from Columbia St to Sunrise Ct, Maria Volk Dr from Farm Rd to CTH I, Washington St from Union Ave to Central Ave, Central Ave from Washington to Adams St, Adams St from Central to Union Ave, Cherry Ave from N Main St to Franklin St, Franklin St from Cherry Ave to Caldwell Av. The Police Chief may grant access to residents that reside in the closed sections around the school areas.

(c) The following areas are closed to golf car/cart traffic all year: West Side Beach Park, East Side Beach Park, Memorial Park, Pine Grove Park, Lotters Park, the City ski/tubing property.

(d) Note: Any of the above streets may be driven across from one side to the other, from a legal area to reach a street which is legal to operate upon.

B. Golf cart routes are described as follows:

(1) Trail markers. The Director of Public Works and City of Oconto Falls law enforcement officers are directed and authorized to procure, erect and maintain appropriate route, trail and speed limit signs and markers as approved by the State Department of transportation and covered by Wisconsin Statutes.

(2) Trail status. City of Oconto Falls law enforcement officers shall have the power to declare the stated golf cart routes and trails either open or closed. Such openings and closures may be posted on the official City of Oconto Falls website.

(3) Signs and markers to be obeyed. No person shall fail to obey any route or trail sign, marker or speed limit or other control device erected in accordance with this section or traffic sign or signal under authority of Wisconsin Statutes.

(4) Golf cart travel within the City limits.

(a) Statutory authority. Wis. Stats. § 349.18(1)(c) allows towns, cities and villages to enact local regulations allowing golf carts to travel upon City streets.

(b) Golf cart travel upon City streets. Operation of golf carts within the city limits shall be strictly limited to traveling along the extreme right side of city streets designated for that purpose. The authority to enact local golf cart residential access regulations is found in Wis. Stats. § 349.18(1)(c). By authority of Wis. Stats. § 349.18(1)(c), the City of Oconto Falls does hereby provide for golf cart access into and from residential areas, stores and lodging establishments and golf courses within the City limits of Oconto Falls according to the guidelines set herein.

(c) Operation authorized. This section allows for the operation of golf carts on designated streets, roadways and/or shoulders of a streets or highways by persons residing in or staying at a lodging establishment, shopping at local businesses or obtaining personal needs, within the limits of the City of Oconto Falls, Oconto County, Wisconsin or to travel to or from an established trail, route or golf course within or connected to the corporate limits of the City of Oconto Falls.

(d) Golf car. Under this section, the operation of golf cars/carts of the type and kind equipped and used solely and specifically for golfing will be allowed to operate upon City streets under the circumstances listed herein. All restrictions listed for the operation apply to the operation of golf cars/carts upon City streets. The only exception to this is that safety equipment required for ATV operation is not required for the operation of golf carts which have not been modified.

(e) Uniformity. For the purpose of uniformity in this document, the term cars/carts will have the same meaning as the term golf car/cart.

(f) Conditions. This section designates the roadways and specific streets and highways for golf cart travel by persons residing in the City, patronizing business or staying at a lodging establishment within the limits of the City of Oconto Falls, Oconto County, Wisconsin, to travel for the distance that is necessary to reach a golf course, trail or route from that residence, business or lodging establishment subject to the following conditions:

[1] Carts shall be operated on the extreme right side of the roadway and travel with the flow of traffic.

[2] Carts shall be operated in single file and with headlights and taillights in operation at dusk/dark. If a trailer is towed behind, the trailer must conform to all lighting requirements for carts.

[Amended 9-14-2021 by Ord. No. 21-004]

[3] Cart operators shall yield the right-of-way to all other vehicular traffic and pedestrians.

[4] Carts violating any of the above conditions will be subject to the penalties outlined in Wisconsin Statutes and City Ordinance.

[5] Speed. Carts operated on any portion of any roadway or shoulder of a highway pursuant to this section shall observe the posted speed limit for that roadway.

[6] Any cart unable to reach a maximum speed of 25 mph, must display a slow moving vehicle triangle, visible on the rear of such vehicle according to Wisconsin State Statutes governing the SMV emblems at all times while in operation on any roadway.

§ 406-5 Enforcement.

A. Enforcement. This section shall be enforced by any law enforcement officer of the City of Oconto Falls, Oconto County, Wisconsin, or such other local, county or state law enforcement officers.

B. Uniform traffic citation. The uniform traffic citation promulgated under the Wisconsin State Statutes shall be used for violations of this Chapter relating to highway use except as herein provided.

C. Parking violations. The special standardized City parking ticket shall be used for enforcement of violations of rules of the road relating to parking of vehicles.

D. Other violations. All violations of this chapter not described in Subsections B or C shall be enforced in accordance with Wisconsin Statutes. Stipulations of guilty or no contest may be made as provided in Wis. Stats. in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Payment may also be made under Wisconsin Statutes. Such deposits shall include the City of Oconto Falls Municipal Court costs listed in this Code of Ordinance.

§ 406-6 State forfeiture laws and penalties.

A. Penalty. All provisions Wisconsin Statutes describing and defining regulations with respect to golf carts of which the penalty is a forfeiture only shall be incorporated by reference. The penalty for violation of any provision of this article shall be a forfeiture as provided in Wis. Stats. § 346.965 and the applicable Oconto Falls Municipal Code together with the costs of prosecution.

B. Forfeited penalties and deposits. Except as otherwise provided in Wisconsin Statutes and the deposit schedule adopted by the State Board of Circuit Court Judges hereunder, required penalties and deposits or bail not including costs or fees for violation of this Chapter shall be as established by the schedule adopted by the City of Oconto Falls Common Council.

§ 406-7 Severability.

The provisions of this ordinance shall be deemed severable and it is expressly declared that the City would have passed the other provisions of this ordinance irrespective of whether or not one or more provision may be declared invalid. If any provision of this ordinance or the application to any person or circumstances is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be deemed affected.

§ 406-8 Effective date.

The ordinance codified in this chapter shall be adopted under suspension of Local Rules and shall take effect upon passage and publication as provided by law.