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:
means the person driving and having physical control over
the motorized cart.
means an authorization issued by a state for the operation
of a motor vehicle. The term includes: (i) a temporary license or
instruction permit, and (ii) an occupational license.
means electric or gasoline powered carts, commonly referred
to as golf carts, but which must have a minimum of three or 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.
means the person holding title to the motorized cart and
the person required to register the motorized cart with the city.
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.
means a public roadway of the city of whatever name (e.g.,
road, alley, avenue, highway, route, boulevard, etc.) that:
(Ordinance 09-09, sec. 1, adopted 9/15/2009; Ordinance 09-2014 adopted 9/16/2014)
(a)
Any person who violates the terms of this article shall be penalized
as follows.
(b)
In addition to traffic violations the driver of the motorized cart
may be subject to pursuant to state law, the registered owner of the
motorized cart shall be subject to the following civil penalties:
(1)
For the first offense, a fine of not less then $25.00, and if not
timely paid (within 30 days), revocation of the permit.
(2)
For the second offense, a fine of not less than $50.00, and if not
timely paid (within 30 days), revocation of permit.
(3)
For the third offense, the registration for the motorized cart shall
be revoked. This cart cannot thereafter be re-registered by the same
owner or any family member for a period of one year.
(4)
After a 12-month revocation period the motorized cart owner can re-register
for a re-registration fee of $100.00.
(Ordinance 09-09, sec. 9, adopted 9/15/2009)
(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 a registered permit
holder or authorized driver, or by the failure of the city to revoke
said permit.
(b)
Registered owners and permit holders 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 town
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 09-09, sec. 8, adopted 9/15/2009)
Before any motorized cart may be operated over the authorized streets and parking areas of the city it must be registered and provided a permit with the city administration office located at city hall, 221 W. Main, Crosbyton, Texas. Registration for a permit will consist of a one-time fee in the amount set forth in the fee schedule in appendix A of this code, which covers the registration, permit decal, and administrative costs involved. The registration process includes the following specifics:
(1)
Display of decal.
The permit decal received from the
city administration office shall be attached and displayed upon the
rear of the motorized cart so as to be clearly visible.
(2)
Required information.
The registration application shall
be made on a form supplied by the city and shall contain the following
information:
(3)
Fee.
The registration application shall be accompanied by a fee in the amount set forth in the fee schedule in appendix A of this code.
(4)
Proof of insurance.
The registration application shall
be accompanied by evidence of personal liability insurance coverage
consistent with the minimum requirements of state law for operational
motor vehicles.
(5)
Duration of registration.
The registration shall be
effective until such time as revoked or the motorized cart is transferred
to a new owner.
(Ordinance 09-09, sec. 2, adopted 9/15/2009; )
The registration permit may be revoked if:
(1)
The owner of driver of a motorized cart fails to abide by the rules
and regulations of this article.
(2)
The owner or driver of motorized cart fails to abide by the traffic
laws and the use of a motorized cart on any authorized street or parking
area.
(Ordinance 09-09, sec. 3, adopted 9/15/2009)
Upon transfer of ownership of the motorized cart to a person who intends to operate it over authorized streets and parking areas, the new owner must register the motorized cart as outlined hereinabove in section 12.04.004.
(Ordinance 09-09, sec. 4, adopted 9/15/2009)
Every motorized cart must be equipped as mandated by the Texas
Transportation Code, H.B. No. 2553, section 551.404, subsection (a)
[(b)], and/or required by the city [including] the following:
(1)
Operational headlamps;
(2)
Operational taillamps;
(3)
Side reflectors (required by TTC);
(4)
Operational parking brake; and
(5)
Rearview mirror(s).
(Ordinance 09-09, sec. 5, adopted 9/15/2009)
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 the amount
of a motorized cart 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 09-09, sec. 6, adopted 9/15/2009)
(a)
All drivers of motorized carts shall hold a valid driver’s
license.
(b)
All drivers of motorized carts shall abide by all traffic regulations
applicable to vehicular traffic when using the authorized streets
and parking areas of the town.
(c)
Motorized carts shall not be operated on sidewalks at any time.
(d)
All motorized carts are entitled to a full use of a lane on the authorized
streets and parking areas of the town 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 of 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) can cross
a multi-lane or a county or state route only at a signalized intersection.
(Ordinance 09-09, sec. 7, adopted 9/15/2009; Ordinance 09-2014 adopted 9/16/2014)
