Ordinance 2006-57
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~O~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
6~8"ZL7,9'Z LLIER COUNTY, FLORIDA AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY AT CHAPTER 130, TRAFFIC
AND VEHICLES, TO ADD A SECTION ALLOWING FOR THE USE OF
GOLF CARTS UPON DESIGNATED COUNTY ROADS IN GOODLAND,
FLORIDA SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING
FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES;
PROVIDING FOR CONFLICT 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(4), 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(7), Florida Statutes, allows counties to enact restrictions
and regulations regarding golf cart operations that are more restrictive than those contiliTied irt~he
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state statutes as long as appropriate signs are posted or the residents are otherwise inf~rmed5~at
the regulation of golf cart operation in the designated area will be in accordance with:<;t stric~er "
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local ordinance; and
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WHEREAS, as of the effective date of this Ordinance, the Collier County Transportation
Division's Traffic Operations Department has conducted a study to determine whether golf carts
may safely travel on or cross public roads or streets located in Goodland, 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 county roads and streets in Goodland, Florida that
are located at least 125 feet west of Sunset Drive; and
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WHEREAS, the Board of County Commissioners desires to provide additional
regulations for the operation of golf carts on designated roads and streets in Goodland 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 COLLIER COUNTY, FLORIDA that:
SECTION ONE: THE CODE OF LAWS AND ORDINANCES OF COLLIER
COUNTY, CHAPTER 130, TRAFFIC OPERATIONS, IS AMENDED
TO INCLUDE A NEW SECTION 130-4, TO READ AS FOLLOWS:
SECTION 130-4: Use of golf carts upon designated public roads and streets in Goodland,
Collier County, Florida.
1. The term "golf cart" is defined as stated in Florida Statutes, subsection 320.01, 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 (20) miles per hour.
2. Golf carts may be operated on those county roads and streets in Goodland, Florida
located at least 125 feet west of Sunset Drive. This designation is in accordance with Florida
Statute, Section 316.212.
3. 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 and streets, the
following restrictions shall also apply:
(a) All persons operating golf carts subject to this ordinance must be a
minimum of sixteen (16) years of age, hold a valid driver's license issued within the United
States, and must be in possession of a valid identification card showing proof of age at all times
while operating a golf cart on the designated public roads.
(b) The number of occupants in any golf cart operated on the designated
public streets and roads shall be restricted to the number of seats on the golf cart. No occupants
of a golf cart shall stand at any time while the golf cart is in motion.
(c) All golf carts operated under this ordinance shall be restricted to a
maximum attainable speed of twenty (20) miles per hour.
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(d) All golf carts operating subject to this ordinance must be equipped with
efficient brakes, reliable steering, safe tires, a rearview mirror, and red reflectorized warning
devices in both the front and rear at all times while operated on the designated roads and streets
in Goodland, Florida.
(e) With the exception of the Goodland residents' Christmas Holiday and
Mardi Gras golf cart parades, golf carts may only be operated on the designated roads and streets
during the hours between sunrise and sunset. Golf carts operating at night on those special
occasions shall possess headlights, brake lights, turn signals and windshields.
(f) Before golf carts may be operated 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 public roads and
streets.
(4) Violations of this section shall constitute a non-criminal infraction enforceable
pursuant to the provisions of Florida Statutes, Section 316.212(8).
(5) The Collier County Transportation Division shall post signs along the designated
roads and streets 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.
SECTION TWO: INCLUSION IN THE CODE OF LA WS 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-Iettered 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 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
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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 28th day of November, 2006.
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ATTEST:
DWIGHT E. BROC~, CLERK
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Attest ,$ .~PCtUfi.QF~K
$ i 91'1 It \K''t 00 1 w
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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FRANK HALAS, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
?;~tfR'~L
Scott R. Teach,
Assistant County Attorney
This ordinance fj led with the
J ~ta. ry~f...StateJ~e the
L..- day~(-eM OJ __CrDO\P
and acknowledgement fhtha~
filj{lg receiv d this ~ day
o~Cl~fY\ I r~ O\P
By
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-57
Which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of November, 2006.
<f' It :: (7/ '; ,
DWIGHT E. BROCK /
Clerk of Courts.and,\'<!~el?k
Ex-officio t. aoa:rdof' ">'1
County Commissfon~rs'
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By: Ann Jennejohn,
Deputy Clerk