Ordinance 2016-14 ORDINANCE NO. 2016- 1 4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2006-57 TO ADD A NEW SECTION ALLOWING FOR THE
USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN
THE TOWN OF AVE MARIA, FLORIDA, SUBJECT TO SPECIFIED
RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR PONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts
to be operated on county roads provided the county first determines that they may safely travel
on or cross such public roads or streets upon considering the speed, volume, and character of
motor vehicle traffic using those roads or streets; and
WHEREAS, Section 316.212(5), Florida Statutes, states that golf carts may only
operate on such public roads or streets during the hours between sunrise and sunset, unless
the governmental agency specifically determines that such golf carts may also safely operate
during the hours between sunset and sunrise and the golf carts possess headlights, brake
lights, turn signals and windshields.
WHEREAS, Section 316.212(8)(a), Florida Statutes, allows counties to enact
restrictions and regulations regarding golf cart operations that are more restrictive than those
contained in the state statutes as long as appropriate signs are posted or the residents are
otherwise informed that the regulation of golf cart operation in the designated area will be in
accordance with a stricter local ordinance and that such provisions only apply to unlicensed
drivers; and
WHEREAS, Section 316.212(8)(b), Florida Statutes, permits counties to allow golf
carts to be operated on sidewalks provided the county first determines that golf carts,
bicycles and pedestrians may safely share the sidewalk and restricts golf carts to maximum
speed of fifteen (15)miles per hour and sidewalks are at least eight (8) feet wide; and
WHEREAS, as of the effective date of this Ordinance, Trebilcock Consulting Solutions,
P.A., conducted a study to determine whether golf carts may safely travel on or cross roads or
streets located in the Town of Ave Maria (hereinafter referred to as "TAM" or "Ave Maria"),
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Florida, considering the following factors: speed, volume, and the character of motor
vehicle traffic using the relevant roads or streets; and
WHEREAS, the Board of County Commissioners has determined that golf carts
may safely be operated in a limited manner on all public roads and streets in Ave Maria,
Florida, with the exception of designated portions of Ave Maria Boulevard, Anthem Parkway
and Pope John Paul II Boulevard, outside the town core/town center area where golf carts may
safely be operated on sidewalks with a minimum width of eight (8) feet. Within the town
core/town center areas, golf carts shall operate on the roadways and not sidewalks.
1 WHEREAS, the Board of County Commissioners desires to provide additional
regulations for the operation of golf carts on designated roads and streets in Ave Maria located in
Collier County, Florida; and
WHEREAS, the Board of County Commissioners believes that regulations proposed in
this Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLIER COUNTY,FLORIDA that:
SECTION ONE: ORDINANCE NO. 2006-57 IS AMENDED TO ADD A NEW
SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON
DESIGNATED COUNTY ROADS IN THE TOWN OF AVE MARIA,
FLORIDA, SUBJECT TO SPECIFIED RESTRICTIONS, TO READ
4 AS FOLLOWS:
SECTION 130- : Use of golf carts upon designated public roads and streets in Ave Maria,
Collier County, Florida.
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1. The term "golf cart" is defined as stated in Florida Statutes, subsection 320.01(22), as 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 twenty
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(20) miles per hour.
2. The term "public roads and streets" shall mean those roadways and streets that are open
and available for public use and as such are part of the county road system, as defined by
section 334.03, Florida Statutes.
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3. Golf carts may be operated on the roads and streets in Ave Maria, Florida, with the
exception of designated portions of Ave Maria Boulevard, Anthem Parkway and Pope John
Paul II Boulevard, where they are to be operated on sidewalks at least eight (8) feet wide, as
depicted in the attached Exhibit "A." Golf carts shall not be operated on sidewalks in Ave
Maria, Florida, with the exception of designated portions along Ave Maria Boulevard,
Anthem Parkway and Pope John Paul II Boulevard as depicted in the attached Exhibit "A."
This designation is in accordance with Florida Statute, Section 316.212.
4. In addition to the requirements of Florida Statute Section 316.212, which are applicable to
the operation of golf carts on the aforementioned designated roads, streets and sidewalks, the
following restrictions shall also apply:
(a) All persons operating golf carts subject to this Ordinance must be a minimum of fifteen
(15) years of age, and hold a valid driver's license or a restricted license issued within the
United States (or equivalent foreign driver's license). All persons operating golf carts
pursuant to a restricted license (hereinafter referred to as an "unlicensed driver"), must be
in possession of a valid restricted license at all times while operating a golf cart on the
designated public roads.
(b) The number of occupants in any golf cart operated by an unlicensed driver on the
designated streets and roads shall be restricted to the number of seats on the golf cart. No
occupants of a golf cart operated by an unlicensed driver shall stand at any time while the
golf cart is in motion.
(c) Prior to operation of golf carts under this Ordinance, all golf carts may be registered with
the Ave Maria Stewardship Community District (hereinafter referred to as the
"District"). With help and cooperation of Collier County Sheriff's Office, the District
shall develop and distribute appropriate literature advising safe operation of the golf
carts,and organize and conduct voluntary periodic inspections.
(d) All golf carts operated under this Ordinance shall be restricted to a maximum attainable
speed of twenty (20) miles per hour. All golf carts operating on sidewalks shall be
restricted to a maximum speed of fifteen(15) miles per hour.
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CAO.
(e) All golf carts operating subject to this Ordinance must be equipped with efficient
brakes, reliable steering, safe tires, a rearview mirror, and r e d reflectorized warning
devices in both the front and rear at all times while operated on the designated roads
and streets in Ave Maria, Florida.
(f) All golf carts may only be operated on the designated roadways and sidewalks during
the hours between sunrise and sunset, unless the District has authorized that golf carts
may safely be operated beyond the hours from sunrise to sunset and the golf cart is
equipped with functioning headlights, brake lights, turn signals, and a windshield.
(g) Before golf carts may be operated by unlicensed drivers under this section, the owners
thereof must purchase and maintain liability insurance insuring against personal injury
and damage to property of any nature relative to the operation of golf carts on the
designated roadways and sidewalks.
5. Violations of this section shall constitute a non-criminal infraction enforceable pursuant to
the provisions of Florida Statutes, Section 316.212(9).
6. The District shall post signs along the designated District roads, streets and
sidewalks where golf cart operation is allowed advising motorists of the possible
presence of golf cart traffic, and alerting the public that the operation of such golf carts
is subject to the various requirements of this Ordinance. All signing and marking shall be
installed and maintained by the District in accordance with the County approved signing and
marking plan. Any future revisions or change shall be approved by the County Traffic
Operations Staff prior to implementation.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
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other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this \O day of \40.1.3 , 2016.
ATTEST':,'i...'""' ` BOARD OF COUNTY COMMISSIONERS
DWIGH14 ?ROCS, CLERK COLLIE COUNTY, FLORIDA
ri-knit2 je e ce&
By. t,1,r,.r •, 1 4 By.
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Attest at t��iirma�t;�)•
13EP` TY RK Donna Fiala, CHAIR
sign. ure r
Appro:0 a sr rb form and legality:
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AIR i
Jeffrey I:t''‘.w,
County tto", ey
This ordinonce filed with the
Ser tory of Sto e's Office thr
J— ay of Cl, . 2 I io
and acknowtedg t of that
filing A,,received this ( 'th day
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 13, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-14,which was filed in this office on May 13, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us