When used in this article, the following words and phrases shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Driver.
The person driving and having physical control over a golf
cart, SMV and/or NEV.
Driver’s license.
An authorization issued by a state for the operation of a
motor vehicle.
Golf cart.
A motor vehicle designed by the manufacturer primarily for
use on a golf course.
Motor carrier.
An individual, association, corporation, or other legal entity
that controls, operates, or directs the operation of one or more vehicles
that transports persons or cargo over a road or highway in the state.
Owner.
The person holding title to the golf cart, NEV or SMV.
Package delivery vehicle.
A vehicle described in Texas Transportation Code section
551.452(a) to which is affixed a license plate issued by the Texas
Department of Motor Vehicles that includes the words “package
delivery.”
Parking area.
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.
A certificate/decal of authorization issued to the applicant/owner
by the city’s police department authorizing the operation of
the golf cart, NEV or SMV for which the permit was issued. The decal
will display the month and year of expiration.
Permit holder.
The person to whom a golf cart, NEV, or SMV permit has been
issued.
Public safety personnel.
Any employee or officer of a governmental law enforcement
agency or the city’s fire department, or people serving as volunteers
with the city’s police department auxiliary.
Public way or public property.
Real property owned, leased or controlled by a political
subdivision of the state, a governmental entity or agency, or similar
entity, or any property that is publicly owned or maintained or dedicated
to public use, including but not limited to a path, trail, sidewalk,
alley, street or highway, and a public park facility.
Public street.
A publicly owned or dedicated road, street, drive, alley
or other right-of-way for the use of vehicles within the city’s
corporate boundaries.
Sidewalk.
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 or SMV.
A motor vehicle designed to operate at a maximum speed of
25 miles per hour or less, not including an electric personal assistive
mobility device, as defined by Texas Transportation Code section 551.201.
Slow-moving vehicle emblem.
A triangular emblem that conforms to standards and specifications
adopted by the director of the Texas Department of Transportation
under section 547.104 of the Texas Transportation Code and is displayed
in accordance with section 547.703 of the Texas Transportation Code.
(Ordinance O-2021-0914-D adopted 9/14/21)
No person, other than public safety personnel, may operate a
golf cart, NEV, or SMV on a public street and/or public parking area
unless the person first obtains a permit in accordance with this article
and complies with the following:
(1) The maximum speed limit on the public street on which the golf cart,
NEV, or SMV is operated is thirty (30) miles per hour or less;
(2) The person has been issued and possesses a valid driver’s license;
(3) The person maintains current financial responsibility relating to
operation of the golf cart, NEV, or SMV as required for the operation
of passenger vehicles in accordance with section 601.051 of the Texas
Transportation Code or other liability insurance relating to operation
of a golf cart, NEV, or SMV that provides substantially the same coverage
and with limits not less than those required by section 601.051 of
the Texas Transportation Code;
(4) The person complies with all applicable federal, state and local
laws and ordinances applicable to the operating and equipping a golf
cart, NEV, and/or SMV;
(5) If operating a golf cart or a SMV that is not a NEV, the golf cart
or SMV being operated by the person has the following equipment, which
must continuously remain in good working and operational order:
(C) Side reflectors (two (2) front, amber in color and two (2) rear,
red in color);
(E) Rearview mirror(s) capable of a clear, unobstructed view of at least
two hundred feet (200') to the rear;
(F) Slow-moving vehicle emblem located on the rear of the vehicle;
(G) If a SMV, such other equipment as may be required under applicable
provisions of federal or state law;
(6) If operating a NEV, the NEV is equipped as required by Texas Transportation
Code 551.301;
(7) The golf cart, NEV, or SMV being operated otherwise complies with
all applicable state and federal motor vehicle safety standards, as
they exist or may be amended;
(8) The golf cart, NEV, or SMV is being operated on a public street only
during daylight hours; being 30 minutes after day break and 30 minutes
prior to sunset;
(9) While the golf cart, NEV, or SMV is in motion, the driver and every
passenger is seated, with a seat belt dedicated and designed to hold
passengers (if applicable). No person may stand or ride in the lap
of the driver and/or another passenger of a golf cart, NEV or SMV
while it is being operated on a public street;
(10) A SMV used solely by individuals or companies in association with the provision landscaping or irrigation services for street medians landscape beds, open spaces, private and/or public parks or common areas owned and/or maintained by a property owners’ association, homeowners’ association, or the city shall not be required to be equipped with turn signals; provided, however, the driver of a SMV that is exempt from being equipped with turn signals pursuant to this subsection
(10) violates this section if the driver fails to use hand signals to indicate a turn or a stop when operating said SMV on a public street.
(Ordinance O-2021-0914-D adopted 9/14/21)
(a) Except for public safety personnel or as provided by other ordinances,
no person shall operate a golf cart, NEV, or SMV on or within any
public park, public sidewalk, public pedestrian walkway, public jogging
path, public park trail or any other location on publicly owned or
controlled property normally used for pedestrian traffic.
(b) The driver shall move the golf cart, NEV, or SMV to the right of
the public street and yield the right-of-way to faster-moving vehicles.
(c) The driver shall not overtake and pass in the same lane occupied
by the vehicle being overtaken.
(d) No driver shall operate a golf cart, NEV, or SMV between lanes of
traffic or between adjacent lines or rows of vehicles.
(e) A driver operating a golf cart, NEV, or SMV on a public street shall
cross a multi-lane federal, county or state route only at an intersection
controlled by an official traffic-control device which stops traffic
from all directions.
(f) No driver shall operate a golf cart, NEV, or SMV if the number of
occupants in the golf cart, NEV, or SMV, including the driver, exceeds
the number of seats established by the manufacturer.
(g) If the vehicle is equipped, the driver and all passengers in a golf
cart, NEV, or SMV must be wearing a seat belt while the golf cart,
NEV, or SMV is in motion.
(h) Golf carts, NEV’s, and SMV’s may not be used for the
purpose of towing another golf cart, trailer or vehicle of any kind
including, without limitation, a person on roller skates, skateboard
or bicycle.
(Ordinance O-2021-0914-D adopted 9/14/21)
(a) Nothing in this article shall be construed as an assumption of liability
by the city for any injuries (including death) to persons, pets or
property which may result from the operation of a golf cart, NEV,
or SMV by an authorized driver.
(b) An owner is liable for the intentional or negligent actions of any
person to whom the owner grants permission to operate the owner’s
golf cart, NEV, or SMV whether such operation occurs on private property
and/or any authorized public street or public parking area, and includes,
but is not limited to liability for personal injuries (including death)
or property damage resulting from the acts of a person under the age
of twenty-one (21) who operates the owner’s golf cart, NEV,
or SMV whether or not possessing a current and valid driver’s
license.
(Ordinance O-2021-0914-D adopted 9/14/21)
(a) No person shall operate, cause to be operated or allow the operation
of a golf cart, NEV, SMV on any authorized public street or public
parking area unless a valid permit has been issued for the golf cart,
NEV, or SMV pursuant to this section. It shall be a defense to a violation
of this section that operation is otherwise allowed by federal or
state law or other city ordinance exempting such operation from the
regulations of this article.
(b) Application for a permit authorizing the operation of a golf cart,
NEV, or SMV shall be made by a person who owns, leases or otherwise
uses the golf cart, NEV, or SMV for which the permit is sought. Such
application shall be made in writing to the city’s police department
on a form designated for that purpose. An application for a permit
required by this section shall contain at least the following:
(1) The name, address, telephone number and state driver’s license
number of the owner of the golf cart, NEV, or SMV for which the permit
is requested;
(2) The street address where the golf cart, NEV, or SMV is kept, including
the particular suite or apartment number, if applicable;
(3) The name of the residents residing at and/or business name used for
the premises where the golf cart, NEV, or SMV is kept, if applicable;
(4) The year, make, model, color, vehicle identification number and/or
serial number of the golf cart, NEV, of SMV;
(5) Whether the golf cart, NEV, or SMV is powered by an electric or gasoline
engine;
(6) A copy of an insurance declaration showing liability insurance has been obtained with respect to the golf cart, NEV, or SMV as required by section
12.07.002(3); and
(7) An affidavit whereby the applicant under oath swears and affirms that the golf cart or NEV for which the permit is sought is fully equipped as required by section
12.07.002.
(c) The permit shall be permanently affixed on the left side of the golf
cart in such a manner that it is clearly visible from fifty feet (50').
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 golf cart.
(d) The permit shall only be placed upon the golf cart, NEV, or SMV for
which it was issued.
(e) A permit issued to the owner of a golf cart, NEV, or SMV shall become
invalid if the golf cart, NEV, or SMV is altered in a manner that
fails to comply with any requirement of this article.
(f) Permits are valid for a period of (2) two years from the date issued.
(g) No permit shall be issued pursuant to this section until the applicant
has paid the permit fee established by resolution of the city council
and made a part of the city’s fee schedule. No fee shall be
required to obtain a permit pursuant this section until the city council
has adopted a resolution adopting such fee.
(h) Not later than ten (10) days after:
(1) An owner transfers title to the golf cart, NEV, or SMV to another
owner; or
(2) The address of the normal storage location for the golf cart, NEV,
or SMV has changed.
The permit holder shall notify the city in writing of the changes
in ownership or storage location submitted on a form designated by
the city’s police department.
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(i) Lost or stolen permits are the responsibility of the owner. A police
report must be filed in the event of a lost or stolen permit. If no
record can be found of a previous application for a permit, or the
receipt of a permit, the chief of police may direct the applicant
to reapply, and also resubmit any and all fees necessary before a
replacement permit is issued.
(j) Any person who operates a golf cart, NEV, or SMV and fails to receive
and properly display a permit required by and issued in accordance
with this section will be subject to all applicable state laws, in
addition to being in violation of this article.
(k) A permit may be revoked at any time by the chief of police, or his
designee, if there is any evidence that the permit holder:
(1) Cannot safely operate, a permitted golf cart, NEV, or SMV, on any
authorized public street or public parking area in compliance with
this article;
(2) Has failed to operate a permitted golf cart, NEV, or SMV, on any
authorized public street or parking area in compliance with this article;
or
(3) Has authorized a person who has failed to operate a permitted golf
cart, NEV, or SMV, on any authorized public street or parking area
in compliance with this article.
(l) A person commits an offense when making a false statement in the
application for a permit under this section, including, but not limited
to, any factual statement regarding the condition of the golf cart,
NEV, or SMV for which a permit is sought and the manner in which such
golf cart, NEV, or SMV is equipped.
(Ordinance O-2021-0914-D adopted 9/14/21)
(a) A driver shall:
(1) Have in the driver’s possession while operating a golf cart,
NEV, or SMV on a public street, the driver’s license issued
to the driver pursuant to chapter 521 of the Texas Transportation
Code; and
(2) Display the license on the demand of a magistrate, court officer,
or peace officer.
(b) A peace officer may stop and detain a person while operating a golf
cart, NEV, or SMV on a public street to determine if the person has
a driver’s license as required by this section.
(c) A person who violates this section commits an offense.
(d) It is a defense to prosecution under this section if the person charged
produces in court a driver’s license:
(1) Issued to that person; and
(2) Valid at the time of the offense.
(e) The court may assess a defendant an administrative fee not to exceed $10.00 if a charge under this section is dismissed because of the defense listed under subsection
(d) of this section.
(Ordinance O-2021-0914-D adopted 9/14/21)
(a) As a condition of operating a golf cart, NEV, or SMV to which this article applies, the driver of the golf cart, NEV, or SMV on request shall provide to a peace officer, as defined by article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting proof that the driver has obtained the insurance required by section
12.07.002(3) of this code.
(b) Except as provided by subsection
(c), an operator who does not exhibit evidence of financial responsibility under subsection
(a) is presumed to have operated the vehicle in violation of this section
12.07.007.
(c) It is a defense to prosecution under this section if the person charged
produces in court proof of the required insurance:
(1) Issued to that person; and
(2) Was in effect at the time of the offense.
(d) The court may assess a defendant an administrative fee not to exceed $10.00 if a charge under this section is dismissed because of the defense listed under subsection
(c) of this section.
(Ordinance O-2021-0914-D adopted 9/14/21)
Public safety personnel may operate a golf cart, NEV, or SMV
on any public street or public parking area without restriction when
the golf cart, NEV, or SMV is used in the performance of the person’s
official public safety personnel duties.
(Ordinance O-2021-0914-D adopted 9/14/21)
This article shall not apply to a golf cart, NEV, or SMV that
is operated on an approved parade route and participating in a parade
conducted within the city pursuant to which a permit has been issued.
(Ordinance O-2021-0914-D adopted 9/14/21)
(a) Except as provided in subsection
(b), this article shall not apply to the operation of package delivery vehicles on public streets.
(b) A motor carrier may operate a package delivery vehicle for the purpose
of picking up or delivering mail, parcels, or packages on all or part
of a public highway or public street that:
(1) Is in the corporate boundaries of the city; and
(2) Has a speed limit of not more than 35 miles per hour.
(Ordinance O-2021-0914-D adopted 9/14/21)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law. Any
person violating any provision of this article and issued a citation
shall face a fine not to exceed $500.00 in the event the operator
is found guilty.
(Ordinance O-2021-0914-D adopted 9/14/21)