An Ordinance Permitting and Regulating the Operation of Golf Carts on Streets
Within the Municipal Limits of the Town of Stedman
WHEREAS, there is a public interest in having a means of local travel that is cost effective and energy efficient as an alternative to the use of standard motor vehicles, or as a means of assisting physically handicapped people with mobility issues; and
WHEREAS, N.C.G.S. §160A-300.6 now authorizes a Town, by ordinance, to regulate the operation of golf carts on any public street, road or highway where the speed limit is 35 mph or less within its municipal limits or on property owned or leased by the City; and
WHEREAS, for the purposes of this Ordinance, golf cart is defined as a vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty miles per hour (mph); and
WHEREAS, the Board of Commissioners has determined that it is in the public interest to develop regulations relating to the safe and proper operation of golf carts on streets and public vehicular areas within the Town.
NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Commissioners of the Town of Stedman, North Carolina, as follows:
CHAPTER ___ Town of Stedman Golf Cart Ordinance
Section ___.01. Policy Statement
This Ordinance is adopted in the interest of public safety. Golf carts, hereinafter “cart(s),” are not designed or manufactured to be used on public streets and roads, hereinafter “street(s),” and the Town of Stedman in no way advocates or endorses their operation on streets. The Town, by regulating such operation is merely addressing safety issues. This Ordinance is not to be relied upon as a determination that operation on streets is safe or advisable even if done in accordance with this Ordinance. All persons operating carts must be observant of, and attentive to, the safety of themselves and others, including their passengers, other motorists, bicyclists, and pedestrians. All persons that operate or ride carts on streets inside the Town of Stedman do so at their own risk. The Town of Stedman shall have no liability under any theory of liability, for permitting carts to be operated on streets under legislative authority granted by the State of North Carolina, and pursuant to such legislative authority, such cart operation shall be in accordance with this Ordinance.
Section ____.02. Rules and Regulations
Carts shall only be operated on streets within the municipal limits of the Town of Stedman in accordance with the following rules and regulations:
1. Any person who operates a cart in the Town of Stedman assumes all liability associated with operating the cart.
2. Any person who operates a cart must be at least sixteen (16) years of age and possess a valid driver’s license required by the State of North for operation of a motor vehicle. Cart operators must carry their driver’s license on their person at all times while operating a cart on the streets in the corporate limits.
3. Carts shall be driven on the streets or other vehicular areas only from dawn to dusk.
4. Hand signals shall be used for turning and stopping.
5. Carts shall be equipped with a rear view mirror and a rear mounted reflective triangular sign of standard form and size which may also contain the optional wording “slow moving vehicle”, or similar language.
6. Carts may be driven on all streets in the Town of Stedman with a posted speed limit of 35 mph or less, except Clinton Road (Hwy 24), Carol Street and Hillsboro Street. As to Clinton Road (Hwy 24), Carol Street and Hillsboro Street, they may be crossed at a direct 90 degree angle with due caution.
7. Any person who operates a cart on the streets in the Town of Stedman shall adhere to all applicable State laws concerning the possession and use of alcoholic beverages and illegal drugs, and all applicable State traffic laws.
8. No cart shall be operated in a careless or reckless manner.
9. Carts shall be operated to the right side of the travel lane unless making a left turn.
10. The maximum occupancy of a cart traveling on streets shall be one person per bucket seat or three people per bench seat. Child/infant restraints are required to be used in the cart in the same manner as required for passenger vehicles.
11. Carts shall not be operated on any sidewalk in the Town of Stedman.
12. Liability insurance coverage is required on any golf cart licensed under this Ordinance in an amount not less than those amounts required by North Carolina Motor Vehicle Laws for standard motor vehicles operated on the public highways of the State of North Carolina.
13. Carts shall only park in handicapped parking spaces if the driver or at least one passenger has a valid handicap-parking placard and such placard Is properly displayed in the cart.
14. No cart shall be operated at a speed greater than is reasonable and prudent for the existing conditions and in no instance at a speed greater than 20 miles per hour.
15. All carts operated on the streets and public vehicular areas in the Town of Stedman must have a valid annual Permit Sticker and a Warning and Disclaimer of Liability Placard issued by the Police Department.
a. The annual permit sticker shall be placed on the driver’s side of the cart’s windshield, if the cart has a windshield. If no windshield, then the permit shall be prominently placed at a location near the driver’s side of the vehicle where it is easily visible from oncoming traffic in the opposite direction.
b. The Warning and Disclaimer of Liability Placard shall be placed on the passenger side of the dashboard (or similar type structure at the front of the interior of the cart) where it is clearly visible to anyone in the passenger seat.
16. All owners of carts operated on streets within the Town shall complete and submit a cart registration form on annual basis. The completed forms will be maintained by the Stedman Police Department. A yearly registration fee will be charged for this permit sticker to cover the costs of implementing and maintaining this Ordinance. Permit stickers will be issued annually and are valid on an annual calendar basis. The following fees shall apply:
1. Initial Inspection by Police Department $25.00
(includes annual permit sticker and Warning and Disclaimer of Liability Placard )
2. Annual renewal inspections $10.00
(includes annual permit sticker)
3. Re-inspection by Police Department $10.00
(if a cart fails the initial or renewal inspection)
4. The initial fee and any renewal fees are for all or
any part of a calendar year without proration.
17. The Chief of Police retains the right to refuse to issue and/or revoke any permit sticker from any cart at any time for any reasons that he feels is appropriate to ensure the safety and well-being of the citizens of the Town of Stedman or the motoring public. Golf Cart owners who disagree with a decision by the Police Chief may file with the Town Clerk a written appeal stating the basis for an appeal to the Town's Board of Commissioners. Hearings held under this division shall be conducted in accordance with local hearing procedure. The Town's Board of Commissioners shall make a final decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by first class mail.
18. Each owner shall have proof of cart ownership and must complete a Waiver of Liability, releasing the Town of Stedman, its employees, and officials from all liability that may arise as a result of operating a cart on streets inside the Town of Stedman. A current Waiver of Liability must be on file with the Stedman Police Department to operate a cart on a Town street.
19. Lost or stolen permit stickers are the responsibility of the owner. A Police report must be filed in the event of a lost or stolen permit sticker. The Chief of Police shall have discretion in determining whether a permit sticker may be re-issued in this instance. 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.
20. Any person who operates a cart on the streets shall have a golf cart rider liability insurance coverage in an amount not less than that required by state law for motor vehicles operated on public highways. Proof of such insurance shall be in the possession of the operator of the cart while operating the cart and a copy shall be provided to the Police Department at the time of permitting.
21. Any act constituting a violation of this Ordinance or failure to comply with any of its requirements shall subject the offender, upon conviction, to a fine not to exceed $50. Each day of violation shall constitute a separate offense. If an offender fails to pay a fine within ten (10) days of a final judgment or if there are more than six violations of this Ordinance within a permitting period, the privileges and permit granted by this Ordinance shall be revoked by the Stedman Police Department.
22. Notwithstanding any prior language to the contrary, carts not maintained within the Town Limits of Stedman and are only occasionally used for special public events not exceeding a 48 hour consecutive time frame, are not specifically authorized by this Ordinance and not regulated thereby.
23. This Ordinance may be enforced as an infraction as provided for in N.C. Gen. Stat. §14-4 or by equitable relief as provided for in N.C. Gen. Stat. §160A-175(d).
This ordinance shall be effective November 6, 2014.
Adopted the 6 day of November, 2014.