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:
Golf cart.
A motor vehicle designed by the manufacturer primarily for use on a golf course. (Texas Transportation Code Section 551.401)
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 Cuero 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; and
(3) 
Is not designated as part of either the state or federal highway system.
Recreational off-highway vehicle.
A motor vehicle, as described and defined under Texas Transportation Code Section 551A.001(5) as amended, which is a motor vehicle equipped with a seat or seats for the use of the rider and a passenger or passengers, designed by the manufacturer to transport a passenger or passengers, designed to propel itself with four or more tires in contact with the ground and designed by the manufacturer for off-highway use by the operator only, and is not designed by the manufacturer primarily for farming or lawn care.
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 motor vehicle, as described and defined under Texas Transportation Code Section 551A.001(6) as amended, which is a motor vehicle that is not a golf cart or lawn mower, is equipped with side-by-side seating for the use of the operator and a passenger, and is designed by the manufacturer primarily for utility work and not for recreational purposes.
(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 2025-01 adopted 2/10/2025)
The provisions of this article shall apply to all golf carts, recreational off-highway vehicles and utility vehicles operated upon a public street within the city EXCEPT under the following circumstances the operation of golf carts, recreational off-highway vehicles and utility vehicles is NOT subject to the provisions of this article (although applicable State Statutory Law shall still apply):
(1) 
Operation for transportation to or from a golf course during the daytime, and not more than two (2) miles from the location where the golf cart, recreational off-highway vehicle or utility vehicle is usually parked, on streets for which the posted speed limit is not more than 35 miles per hour;
(2) 
On golf courses when following the policies and rules of the golf course;
(3) 
Private clubs or on private property, with the consent of the owner;
(4) 
Operation of golf carts, recreational off-highway vehicles and utility vehicles within gated or limited access communities unless the streets of the community are dedicated for public use and maintained by the city;
(5) 
The use of a golf cart, recreational utility vehicle or utility vehicles 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
(6) 
The use of golf carts, recreational off-highway vehicles and utility vehicles by the city on official police business or the use of golf carts, off-highway vehicles and utility vehicles by city personnel for official business on city-owned property and city-leased property.
(Ordinance 2025-01 adopted 2/10/2025)
(a) 
Subject to § 11.10.004 below, the operation of golf carts, recreational off-highway vehicles and utility vehicles within the corporate limits of the city upon a public street is hereby authorized when all requirements and restrictions under this section are met and the public street has a posted speed limit of 35 miles per hour or less; provides for no more than two lanes of vehicular traffic per direction; and is not designated as part of either the state or federal highway system.
(b) 
A golf cart, off-highway vehicle or utility vehicle operated under this section must have the following equipment and insurance requirements in addition to any equipment required by state statute:
(1) 
Headlamps;
(2) 
Tail lamps;
(3) 
Brake lamps;
(4) 
Front and rear side reflectors;
(5) 
Parking brake;
(6) 
Rearview mirror(s);
(7) 
Turn signal lights;
(8) 
A "slow moving vehicle" reflective triangle affixed to the rear;
(9) 
Seat belts;
(10) 
Horn;
(11) 
Insurance coverage equal to the current state requirement for motor vehicles;
(12) 
A brake system maintained in good operating condition.
(c) 
Recreational off-highway vehicles and utility vehicles operated under this section must also be equipped with:
(1) 
An adequate muffler system in good working condition; and
(2) 
A United States Forest Service qualified spark arrester.
(d) 
A golf cart, recreational off-highway vehicle or utility vehicle operated under this section must have the equipment required under this section self-certified by the owner of the vehicle. The owner of the vehicle must submit the "Self-Certification" form (exhibit A to Ordinance 2025-01) to the Cuero Police Department at which time a permit will be issued for operation within the city limits of Cuero. The permit must be affixed to the center of the "slow moving vehicle" triangle.
(e) 
The number of occupants in a golf cart, recreational off-highway vehicle or utility vehicle shall be limited to the number of persons for whom seating is installed and provided on the vehicle.
(f) 
In compliance with Texas Transportation Code Sections 551.402 and 551A.052 as amended, a golf cart, recreational off-highway vehicle or utility vehicle operated under this section must display a golf cart license plate or off-highway vehicle license plate issued by the Texas Department of Motor Vehicles on the rear of the vehicle. CITIZENS CAN OBTAIN THIS LICENSE PLATE FROM THE DEWITT COUNTY TAX OFFICE AND IT IS A ONE TIME FEE OF $10.
(g) 
All persons operating a golf cart, recreational off-highway vehicle or utility vehicle must possess and hold a valid driver's license and shall obey and abide by all state and local traffic laws and regulations applicable to vehicular traffic regardless of whether such is permitted or properly equipped.
(h) 
A golf cart, recreational off-highway vehicle, or utility vehicle operated under this section must be covered by insurance equal to the current state requirement for motor vehicles, regardless of whether the golf cart, recreational off-highway vehicle or utility vehicle is permitted or properly equipped. This coverage may be by a separate policy or covered by the owner's or operator's homeowner's insurance policy. Proof of insurance will need to be exhibited upon demand.
(i) 
All drivers and passengers of a golf cart, recreational off-highway vehicle and utility vehicle must be properly buckled and secured by the seat/safety belt at all times.
(j) 
The driver of a golf carts, recreational off-highway vehicles and utility vehicles 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.
(Ordinance 2025-01 adopted 2/10/2025)
(a) 
Golf carts, recreational off-highway vehicles and utility vehicles 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.
(b) 
Golf carts, recreational off-highway vehicles and utility vehicles are prohibited on following highways/roadways:
(1) 
East Broadway (US Hwy 87).
(2) 
Esplanade (US Hwy 87/US Hwy 183).
(3) 
West Heaton (State Hwy 72).
(c) 
All golf carts, recreational off-highway vehicles and utility vehicles 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.
(d) 
The driver of a golf carts, recreational off-highway vehicles and utility vehicles shall not overtake and pass another vehicle in the same lane occupied by the vehicle being overtaken.
(e) 
No driver shall operate a golf carts, recreational off-highway vehicles and utility vehicles between lanes of traffic or between adjacent lines or rows of vehicles.
(f) 
The number of occupants in a golf carts, recreational off-highway vehicles and utility vehicles shall be limited to the number of persons for whom factory seating is installed and provided on the golf carts, recreational off-highway vehicles or utility vehicles. The operator and all occupants shall be seated upon the seat of the recreational utility vehicle, golf cart and utility vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the golf carts, recreational off-highway vehicles or utility vehicles while the golf carts, off-recreational highway vehicles or utility vehicles is being operated. The operator shall not permit any occupant of the golf cart, recreational off-highway vehicle or utility vehicle to ride in the lap of any occupant while the golf cart, recreational off-highway vehicle or utility vehicle is in motion.
(g) 
Children must be properly seated while a golf cart, recreational off-highway vehicle or utility vehicle 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 golf cart, recreational off-highway vehicle or utility vehicle unless restrained by a safety seat system in accordance with the instructions of the manufacturer of the safety seat system.
(h) 
Golf carts, recreational off-highway vehicles and utility vehicles 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, recreational off-highway vehicles and utility vehicles 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, recreational off-highway vehicles and utility vehicles 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 golf cart, recreational off-highway vehicle or utility vehicle.
(i) 
Golf carts, recreational off-highway vehicles and utility vehicles 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.
(j) 
Golf carts, recreational off-highway vehicles and utility vehicles 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.
(k) 
Golf carts, recreational off-highway vehicles and utility vehicles shall not be left unattended, even briefly, with a key, or other starting device, remaining on or in the vehicle.
(l) 
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 operating on authorized streets.
(Ordinance 2025-01 adopted 2/10/2025)
(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 golf carts, recreational off-highway vehicles or utility vehicles 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 golf carts, recreational off-highway vehicles and utility vehicles, both on personal or city and public properties. This described liability responsibility especially applies to personal injuries or property damage resulting from golf carts, recreational off-highway vehicles and utility vehicles who are minors under the age of 21 with or without a current and valid state driver's license.
(Ordinance 2025-01 adopted 2/10/2025)
Any person violating any provision of this article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00). A person may be convicted of violations of more than one provision of this article for offenses occurring at the same time. Prosecution or conviction under this article shall not be a bar to other remedies or relief for violations of this article or other law.
(Ordinance 2025-01 adopted 2/10/2025)