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:
All-terrain vehicle.
A motor vehicle that is:
(1) 
Equipped with a seat or seats for the use of:
(A) 
The rider; and
(B) 
A passenger, if the motor vehicle is designed by the manufacturer to transport a passenger;
(2) 
Designed to propel itself with three or more tires in contact with the ground;
(3) 
Designed by the manufacture for off-highway use;
(4) 
Not designed by the manufacturer primarily for farming or lawn care; and
(5) 
Not more than 50 inches wide.
Driver's license.
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.
Golf cart.
A motor vehicle designed by the manufacturer primarily for use on a golf course.
Off-highway vehicle.
A recreational off-highway vehicle or a utility vehicle.
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.
Public cart path.
An improved path designed for the sole movement of a utility vehicle, all-terrain vehicle or golf cart which is available for use by the general public.
Public street,
For the purposes of this Article, means the public roadways of the City of Gonzales 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;
(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.
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-emblem.
A triangular emblem that conforms to standards and specifications adopted by the director under Texas Transportation Code § 547.104 and displayed in accordance with Texas Transportation Code § 547.703.
Trafficway.
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.
Utility vehicle.
A self-propelled vehicle that is not a golf cart or lawn mower and is:
(1) 
Equipped with side-by-side seating for use of the operator and passenger;
(2) 
Designed to propel itself with at least four tires in contact with the ground;
(3) 
Designed by the manufacturer for use off a public highway; and
(4) 
Designed by the manufacturer primarily for utility work and not for recreational purposes.
(Ordinance 2023-6 adopted 3/9/2023)
The provisions of this article shall apply to all utility vehicles, all-terrain vehicles or golf carts operated upon a public street or public cart path within the city except under the following circumstances the operation of utility vehicles, all-terrain vehicles or golf carts is not subject to the provisions of this article:
(1) 
On golf courses when following the policies and rules of the golf course;
(2) 
Private clubs or on private property, with the consent of the owner;
(3) 
Operation of utility vehicle, all-terrain vehicle or golf cart within gated or limited access communities unless the streets of the community are dedicated for public use and maintained by the city;
(4) 
The use of a utility vehicle, all-terrain vehicle or 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; or
(5) 
The use of utility vehicle, all-terrain vehicle or golf cart by the city on official police business or the use of utility vehicle, all-terrain vehicle or golf cart by city personnel for official business on city-owned property and city-leased property.
(Ordinance 2023-6 adopted 3/9/2023)
(a) 
Every utility vehicles, all-terrain vehicles or golf carts operated on public street, parking area and/or traffic way under this article must be equipped with the following:
(1) 
Operational headlamps (two required);
(2) 
Operational tail lamps (two required);
(3) 
Reflectors (two front: amber in color, and two rear: red in color);
(4) 
Operational parking brake if not equipped with a parking gear; and
(5) 
Rearview mirror(s) (capable of a clear unobstructed view of at least 200 feet to the rear);
(6) 
Slow-moving-vehicle emblem;
(b) 
All required equipment shall meet state and federal motor vehicle safety standards.
(Ordinance 2023-6 adopted 3/9/2023)
(a) 
All drivers of utility vehicles, all-terrain vehicles or golf 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) 
Utility vehicles, all-terrain vehicles or 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 utility vehicle, all-terrain vehicle or golf cart upon any portion of a street or trafficway having a posted speed greater than 35 m.p.h. due to safety concerns.
(d) 
All utility vehicles, all-terrain vehicles or golf 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 utility vehicle, all-terrain vehicle or golf cart of the full use of a lane.
(e) 
The driver of a utility vehicle, all-terrain vehicle or golf cart shall not overtake and pass another vehicle in the same lane occupied by the vehicle being overtaken.
(f) 
No driver shall operate a utility vehicle, all-terrain vehicle or golf cart between lanes of traffic or between adjacent lines or rows of vehicles.
(g) 
The driver of a utility vehicle, all-terrain vehicle or golf cart with a current and valid state 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.
(h) 
The number of occupants in a utility vehicle, all-terrain vehicle or golf cart shall be limited to the number of persons for whom factory seating is installed and provided on the utility vehicle, all-terrain vehicle or golf cart. The operator and all occupants shall be seated upon the seat of the utility vehicle, all-terrain vehicle or golf cart and no part of the body of the operator or occupant shall extend outside the perimeter of the utility vehicle, all-terrain vehicle or golf cart while the utility vehicle, all-terrain vehicle or golf cart is being operated. The operator shall not permit any occupant of the utility vehicle, all-terrain vehicle or golf cart to ride in the lap of any occupant while the utility vehicle, all-terrain vehicle or golf cart is in motion.
(i) 
Children must be properly seated while a utility vehicle, all-terrain vehicle or golf cart is in motion and may not be transported in a reckless or negligent manner. No person younger than eight years of age may, unless the child is taller than four feet, nine inches be transported in a utility vehicle, all-terrain vehicle or golf cart unless restrained by a safety seat system in accordance with the instructions of the manufacturer of the safety seat system.
(j) 
Utility vehicles, all-terrain vehicles or 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 utility vehicle, all-terrain vehicle or 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. Utility vehicle, all-terrain vehicle or golf cart 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 utility vehicle, all-terrain vehicle or golf cart.
(k) 
Utility vehicles, all-terrain vehicles or golf carts will 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.
(l) 
Utility vehicles, all-terrain vehicles or 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 500 feet.
(m) 
Utility vehicles, all-terrain vehicles or golf carts shall not be left unattended, even briefly, with a key, or other starting device, remaining on or in the vehicle.
(n) 
Open container of alcohol, meaning a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed is prohibited when operated on authorized streets.
(Ordinance 2023-6 adopted 3/9/2023)
(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 utility vehicle, all-terrain vehicle or golf 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 utility vehicle, all-terrain vehicle or golf cart, both on personal or city and public properties. This described liability responsibility especially applies to personal injuries or property damage resulting from utility vehicle, all-terrain vehicle or golf cart drivers who are minors under the age of 21 with or without a current and valid state driver's license.
(Ordinance 2023-6 adopted 3/9/2023)