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Ordinance 2006-57 0\\12.13141,s Cb "'.a.. 76" "to T ~ CO .- CP :: C-DEC - J cD ORDINANCE NO. 2006-~ ~ \[W~U\} ~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 . '. ) 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 " ,-:} local ordinance; and --. :~0 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 1 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. 2 (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 3 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. .. .:..>' ATTEST: DWIGHT E. BROC~, CLERK ~&~D( Attest ,$ .~PCtUfi.QF~K $ i 91'1 It \K''t 00 1 w BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA -~~~~./ 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 4 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' , . , ,'I. .~ .-- . ~ ,:' ~ n~~'( i" '.. .'t . C i. ; \: ,j . . By: Ann Jennejohn, Deputy Clerk