The provisions of this article shall apply to all motorized carts operated upon a public street or public cart path within the city except:
(1) 
The operation of golf carts is not subject to the provisions of this article under the following circumstances:
(A) 
The operation of golf carts at golf courses or private clubs or on private property, with the consent of the owner, or the operation of golf carts within gated or limited access communities unless the streets of the community are dedicated for public use and maintained by the city, or the use of a golf cart in connection with a parade, a festival or other special event provided the consent of the sponsor is obtained and provided such vehicle is only used during such event.
(B) 
The use of golf carts by the city on official police business or the use of golf carts by city personnel for official business on city-owned property and city-leased property.
(Ordinance 123, sec. 1, adopted 2/12/2013)
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:
Cart path
means an improved path designed for the sole movement of a golf cart. A cart path shall be designed and constructed as designated by the city engineer.
Driver
means the person driving and having physical control over the motorized cart.
Driver's license
means an authorization issued by a state for the operation of a motor vehicle. The term includes:
(1) 
A temporary license or instruction permit; and
(2) 
An occupational license.
Motorized cart
means those electric and gasoline powered carts, commonly referred to as golf carts, but which must have a minimum of four wheels and which have an attainable top speed not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, and gators.
Multi-use cart path
means a path used designed and constructed to facilitate the movement of motorized carts and pedestrian traffic. The multi-use path is designated by a sign at the entrance and exit of the path and further designated by a multi-use path signs placed at 150' intervals in each direction. The multi-use path shall be designed and constructed in accordance with generally accepted engineering practices and approved by the city engineer.
Owner
means the person holding title to the motorized cart.
Parking area
means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as parking lots.
Permit
means a certificate/decal of authorization issued to the applicant authorizing the operation of the golf cart for which the permit was issued. The decal will display the month and year of expiration.
Permit holder
means the person to whom a golf cart permit has been issued.
Public cart path
means an improved path designed for the sole movement of a golf cart which is available for use by the general public.
Sidewalk
means the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.
Slow-moving vehicle emblem
means a triangular emblem that conforms to standards and specifications adopted by the director under section 547.104 and displayed in accordance with section 547.703 of the Texas Transportation Code.
Street
means the public roadways of the city by whatever name, e.g., road, alley, avenue, highway, route, boulevard, etc., that:
(1) 
Has a posted speed limit of 35 miles per hour or less; or
(2) 
Provides for no more than two lanes of vehicular traffic per direction; or
(3) 
Is not designated as part of either the state or federal highway system.
Trafficway
means any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The trafficway includes all property, both improved and unimproved, between the property lines of a roadway system.
Working days
means Monday through Friday excluding city holidays.
(Ordinance 123, sec. 2, adopted 2/12/2013)
(a) 
Every motorized cart required to be permitted under section 11.03.007 must be equipped, as mandated by the Texas Transportation Code, H.B. 2553, section 551.404(b), and/or required by the city, with the following:
(1) 
Operational headlamps (2 required);
(2) 
Operational tail lamps (2 required);
(3) 
Side reflectors (2 front, amber in color, and 2 rear, red in color);
(4) 
Operational parking brake;
(5) 
Rearview mirror(s) (capable of a clear unobstructed view of at least 200 feet to the rear);
(6) 
Slow-moving vehicle emblem; and
(7) 
Horn (must be audible for a distance of 200 feet in compliance with Texas Transportation Code, section 547.501).
(b) 
All required equipment shall meet Texas and federal motor vehicle safety standards.
(Ordinance 123, sec. 3, adopted 2/12/2013)
Every motorized cart powered by gasoline shall at all times be equipped with an exhaust system in good working order and in constant operation and meeting the following specifications:
(1) 
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.
(2) 
The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening motorized cart exhaust systems.
(3) 
The engine and powered mechanism of every motorized cart shall be so equipped, adjusted and tuned so that the exhaust is in good working order.
(4) 
It shall be unlawful for the owner of any motorized cart to operate or permit the operation of such cart on which any device controlling or abating atmospheric emissions which is placed on a cart by the manufacturer is rendered unserviceable by removal or alteration or which interferes with its operation.
(Ordinance 123, sec. 4, adopted 2/12/2013)
(a) 
All drivers of motorized carts shall hold a valid driver's license and shall abide by all traffic regulations applicable to vehicular traffic when using the authorized streets and parking areas of the city.
(b) 
Golf carts shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic except for official police business or by city personnel conducting a required job function directly related to their assigned duties.
(c) 
No person may operate a golf cart upon any portion of a street or trafficway having a posted speed greater than 35 mph.
(d) 
All motorized carts are entitled to a full use of a lane on the authorized streets and parking areas of the city and no motor vehicle shall be driven in such a manner as to deprive any motorized cart of the full use of a lane.
(e) 
The driver of a motorized cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(f) 
No driver shall operate a motorized cart between lanes of traffic or between adjacent lines or rows of vehicles.
(g) 
The driver of a motorized cart with a current and valid Texas driver's license operating the cart on a street (as defined herein) may cross a multi-lane or a federal, county or state route only at an intersection controlled by an official traffic-control device which stops traffic from all directions. The driver of a motorized cart may cross a multi-lane road, other than a federal, state, or county route, if it is required to cross from one portion of a golf course to another portion of the same golf course. If a cart crossing path is provided for transition between one section of a golf course to another section of the same golf course across a multi-lane road, the operator shall cross at and within the cart crossing path.
(h) 
The number of occupants in a golf cart shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart. The operator and all occupants shall be seated upon the seat of the golf cart and no part of the body of the operator or occupant shall extend outside the perimeter of the golf cart while the golf cart is being operated. The operator shall not permit any occupant of the cart to ride in the lap of any occupant while the cart is in motion.
(i) 
Children must be properly seated while a cart is in motion and may not be transported in a reckless or negligent manner. No person younger than 6 years of age may be transported in a golf cart unless restrained by a safety belt restraint.
(j) 
Golf carts may only be parked in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of golf carts in areas where parking is not allowed or in any place that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. Golf carts shall not park within any space designated for disabled persons unless a current disabled parking placard is displayed and the person to whom the placard was issued is operating or being transported by the cart.
(k) 
Golf carts may not be used for the purpose of towing another cart, trailer or vehicle of any kind including a person on roller skates, skateboard or bicycle. A person employed by a golf course may tow a cart(s) for the purpose relocating the cart(s) from one portion of a golf course to another portion of the same golf course.
(l) 
Golf carts shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred (500) feet.
(Ordinance 123, sec. 5, adopted 2/12/2013)
(a) 
Nothing in this article shall be construed as an assumption of liability by the city for any injuries to persons, pets or property which may result from the operation of a motorized cart by an authorized driver.
(b) 
Owners are fully liable and accountable for the actions of any individual that they provide permission to operate and drive said motorized cart, both on personal and/or city and public properties. This described liability responsibility especially applies to personal injuries or property damage resulting from motorized cart drivers who are minors under the age of 21 with or without a current and valid Texas driver's license.
(Ordinance 123, sec. 6, adopted 2/12/2013)
(a) 
Required; exceptions.
No person shall operate, cause to be operated, or allow the operation of a golf cart on a public roadway unless a valid permit has been issued for that golf cart or otherwise allowed by law. A permit is not required for golf carts owned or leased by the golf course and used entirely on the golf course or crossing from one section of a golf course to another section of the same course. A permit is not required for a privately owned golf cart used entirely on the golf course or crossing from one section of a golf course to another section of the same course. No golf cart exempted from permitting under this section may be operated on a public roadway for any other purpose.
(b) 
Application; inspection; display.
(1) 
Application for a permit authorizing the operation of a golf cart shall be made by a person who owns, leases, or otherwise uses a golf cart. Such application shall be made in writing to the chief of police or his designee on a form designated for that purpose. On such application shall be set forth the following:
(A) 
The application shall include the name, address, telephone number and state driver's license number, if applicable, of the permit holder.
(B) 
The application shall include the street address where the golf cart is kept, including the particular suite or apartment number if applicable.
(C) 
The application shall include any business name used for the premises where the golf cart is kept.
(D) 
The application shall include the year, make, model, color, vehicle identification number or serial number if no VIN has been issued to the golf cart, [and whether] electric or gasoline.
(2) 
The motorized cart shall be inspected by a person(s) and at a location designated by the chief of police to ensure compliance with requirements of this article before the issuance of a permit.
(3) 
The permit shall be permanently affixed on the left side of the cart in such a manner that it is clearly visible from 50 feet. The permit must not be damaged, altered, obstructed, or otherwise made illegible. The permit holder shall apply for a replacement permit and pay all applicable cost associated with the issuance and inspection of the cart.
(4) 
The permit shall only be placed upon the cart for which it was issued.
(5) 
A permit issued to a motorized cart shall become invalid if the motorized cart is altered in any manner that fails to comply with any requirement of this article.
(c) 
Duration of permit; fees.
Permits/stickers are valid for a period of two (2) years. The fees set forth in the fee schedule in appendix A of this code shall apply.
(d) 
Notification of change in information.
The permit holder shall notify the city police department within ten (10) working days if the motorized cart transfers ownership, or the address of the normal storage location has changed. The information shall be submitted on a form designated by the chief of police.
(e) 
Replacement of permit or sticker.
Lost or stolen permits/stickers are the responsibility of the owner. A police report must be filed in the event of a lost or stolen permit/sticker. If no record can be found of a previous application, or the receipt of a permit/sticker, the chief of police may direct the applicant to reapply, and also resubmit any and all fees necessary, before a replacement permit/sticker is issued.
(f) 
Noncompliance.
Any person who operates a cart and fails to receive and properly display a city permit/sticker will be subject to all applicable state laws, in addition to being in violation of this article.
(g) 
Revocation of permit.
A permit may be revoked at any time by the chief of police or designee if there is evidence that the permit holder cannot safely operate a motorized golf cart on the roadway of streets within the city or the motorized cart fails to comply with the requirements of this article. For purposes of this section, the commission of any of the violations described in subsection [section 11.03.005] constitutes evidence that the permit holder cannot safely operate a motorized golf cart on the street within the city.
(Ordinance 123, sec. 7, adopted 2/12/2013; Ordinance 123 adopted 3/12/13; Ordinance adopting Code)
Any person who violates the terms of this article shall be penalized as follows: the maximum penalty allowed by law for such misdemeanor, and in addition to traffic violations the driver of the motorized cart may be subject to pursuant to state law, the owner of the motorized cart shall be subject to the following civil penalties:
(1) 
For the first offense, a fine of not less than $25.00;
(2) 
For the second and any subsequent offense, a fine of not less than $50.00.
(Ordinance 123, sec. 8, adopted 2/12/2013)