Submitted By: Tye Chighizola
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-53 revising Article VIII - Sections 66-191 through 66-197 of the Code of Ordinances concerning the operation of golf carts (Case No. COD23-45296)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Star Banner - August 4, 2023 - LSAR00152750
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BACKGROUND: On May 11, 2023, Governor Ron DeSantis signed into law House Bill 949, codified at Chapter 2023-67, Laws of Florida, which amends Section 316.212, Florida Statutes, as it pertains to age and licensure limitations for the operation of golf carts on certain, designated municipal roadways. The effective date for the new law is October 1, 2023. Specifically, the amended statute prohibits a person under 18 years of age from operating a golf cart on certain roadways unless he or she possesses a valid learner’s driver license or valid driver license; prohibiting a person 18 years of age or older from operating a golf cart on certain roadways unless he or she possesses a valid form of government-issued photographic identification. The adoption of this legislation creates a conflict with the City of Ocala’s existing ordinance.
Based upon the above and foregoing, it is necessary to amend Article VIII, Code of Ordinances, City of Ocala, Florida, to ensure the City Code remains in compliance with Florida law.
FINDINGS AND CONCLUSIONS: The revised ordinance is being presented to provide consistent language with state requirements. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance has been reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-53
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA AMENDING ARTICLE VIII, SECTIONS 66-191 THROUGH 66-197, CODE OF ORDINANCES, CITY OF OCALA, FLORIDA, TO PROVIDE FOR COMPLIANCE WITH SECTION 316.212, FLORIDA STATUTES; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the authority granted by Section 316.212, Florida Statutes, municipalities may designate certain roadways to allow golf carts; and
WHEREAS, on or about December 3, 2019, the City of Ocala, Florida adopted Ordinance 2020-03, codified at Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, which designated certain municipal streets upon which operation of golf carts and certain other low-speed vehicles could be operated within the corporate limits of the City of Ocala, Florida, in accordance with Section 316.212, Florida Statutes, and further provided for the regulation thereof; and
WHEREAS, the City of Ocala, Florida has thereafter amended Article VIII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, from time-to-time as was deemed appropriate and prudent by the City Council of the City of Ocala, Florida; and
WHEREAS, on or about May 1, 2023, the Florida Legislature approved HB 949, which was signed by Governor Ron DeSantis on or about May 11, 2023, and which became Chapter 2023-67, Laws of Florida; and
WHEREAS, Chapter 2023-67, Laws of Florida, amended Section 316.212, Florida Statutes, to change the age and licensure requirements for the operation of golf carts on designated roadways; and
WHEREAS, the changes to Section 316.212, Florida Statutes, require amending Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, so as to ensure that they are fully compliant with current Florida law; and
WHEREAS, the City Council of the City of Ocala, Florida desires to amend Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, so as to bring it into compliance with Section 316.212, Florida Statutes, as amended, and other relevant provisions of Florida law; and
WHEREAS, the City Council of the City of Ocala, Florida finds that the amendment of Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, through the adoption of this ordinance is necessary for the protection of the health, safety, and welfare of the citizens of the City of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida finds that the amendment of Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida through the adoption of this ordinance is in the best interest of the City of Ocala, Florida and its citizens.
NOW THEREFORE, be it ordained, by the City Council of the City of Ocala, Florida, in regular session, as follows:
Section 1. Ratification, Adoption, and Incorporation of Recitals.
The City Council of the City of Ocala, Florida ratifies the above-outlined recitals as true and correct; adopts and incorporates them herein as part and parcel of this ordinance.
Section 2. Purpose and Authority for Ordinance.
This ordinance is adopted for the purpose of amending Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, so as to provide for compliance with Section 316.212, Florida Statutes, as amended, and other relevant provisions of Florida law, and is adopted pursuant to the authority granted by Chapter 316, Florida Statutes, Chapter 166, Florida Statutes, and other relevant provisions of Florida law.
Section 3. Amendment of Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida.
Article VII, Sections 66-191 through 66-197, Code of Ordinances, City of Ocala, Florida, is hereby amended by replacement in its entirety with the following:
Article VIII. Golf Carts, Low-Speed Vehicles, and Mini Trucks.
Section 66-191. Purpose and Intent.
The purpose of this Article is to authorize and regulate the use of golf carts, low-speed vehicles, and mini trucks upon certain designated streets of the City of Ocala, Florida, and establish requirements for the operation of golf carts, low-speed vehicles, and mini trucks that are more restrictive than those enumerated in Section 316.212, Florida Statutes, and Section 316.2122, Florida Statutes.
Section 66-192. Definitions for Terms.
A. For purposes of this Article, a "golf cart" means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour, as defined in Section 320.01(22), Florida Statutes.
B. For purposes of this Article, a "low-speed vehicle" means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles, as defined by Section 320.01(41), Florida Statutes.
C. For purposes of this Article, a "mini truck" means any four-wheeled, reduced-dimension truck that does not have a National Highway Traffic Safety Administration truck classification, with a top speed of 55 miles per hour, and which is equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, and seat belts, as defined in Section 320.01(44), Florida Statutes.
Section 66-193. Operation of Golf Carts.
A. Golf carts generally prohibited.
Unless otherwise authorized pursuant to this Article or state law, golf carts shall not be operated on public roads and streets within the City of Ocala, Florida.
B. Authorization to operate golf carts on specified roads and streets.
Golf carts may be operated on streets designated for such use by resolution of the City of Ocala in accordance with Section 316.212, Florida Statutes, which shall include the City of Ocala "Golf Cart Map" which may be amended from time-to-time by resolution of the City of Ocala.
C. Operation prohibited on sidewalks.
Golf carts may not be operated on city sidewalks.
D. Signage.
The City Engineer or their designee shall post appropriate signs to indicate that golf cart operation is allowed on a city street.
E. Hours of operation.
A golf cart may be operated only during the hours between sunrise and sunset, unless the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.
F. Required equipment.
A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflected warning devices in both the front and rear.
G. Age and licensure requirements.
A golf cart may not be operated on public roads or streets by a person:
1. Who is under 18 years of age unless he or she possesses a valid learner’s driver license or valid driver license.
2. Who is 18 years of age or older unless he or she possesses a valid form of government-issued photograph identification.
H. Enforcement.
Violations of this section shall constitute non-criminal infractions punishable pursuant to the provisions of Section 316.212(9), Florida Statutes.
Section 66-194. Operation of Low-Speed Vehicles and Mini Trucks.
Low-speed vehicles and mini trucks must comply with all applicable safety standards set forth in 49 C.F.R. § 571.500 and requirements set forth in Section 316.2122, Florida Statutes.
Section 66-195. Parking of Golf Carts, Low-Speed Vehicles, and Mini Trucks.
Golf carts, low-speed vehicles, and mini trucks shall park in designated parking stalls and otherwise comply with all parking regulations set forth in this Chapter 66. At no time and under no circumstances shall golf carts, low-speed vehicles or mini trucks be parked or left unattended in or upon a city streets, right-of-way, sidewalk, or public park, or private property that is not owned or leased by the owner of such golf cart, low-speed vehicle or mini truck without the permission of such private property owner.
Section 66-196. Compliance and Enforcement.
The use of a golf cart, low-speed vehicle or mini truck resulting in violations of the Florida "Uniform Traffic Control" statute and the Florida "Uniform Disposition of Traffic Infractions Act" are punishable pursuant to Chapters 316, 318, and 319, Florida Statutes, as applicable and as may be amended from time-to-time. All other ordinances of the City of Ocala, Florida pertaining to the use of motor vehicles within the city, including, but not limited to Chapter 66, shall also apply to this article.
Section 66-197. Waiver of Claims.
Each person operating or riding on a golf cart on city streets and all persons who are passengers in such golf carts shall be deemed to have waived all claims against the city for its policy decision to allow the operation of such golf carts on city streets as permitted herein.
Section 4. Direction to Staff.
The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 5. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 6. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 7. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 8. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 9. Effective Date of Ordinance.
This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
PASSED AND ADOPTED, in a regular session with a quorum present and voting, by the City Council of the City of Ocala, Florida this ____ day of August 2023.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-53
Introduced: 8/1/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Star Banner - August 4, 2023 - LSAR00152750