ANNEXURE 3
From: Jonathan Rorie
Sent: Thursday, January 26, 2017 3:08 PM
To: Susan Buekes ; City Council and City Manager
Cc: Betsy Tyler
Subject: RE: Golf Cart Regulations
Dear Ms. Buekes –
Thank you for sharing
your concerns about safety on our paths and for suggesting that having horns or
bells be required through our ordinance. The audible signal requirement is
probably the most common complaint about our great path system.
In the past, we have
worked to address this issue through education of our path users through the
UPDATES email newsletter, the City’s Facebook page, and the path rules
brochure. We stepped up that education in 2016 with a redesign of the
brochure, which you quoted in your letter, emphasizing the audible signal
requirement in multiple locations. Our Police Department has been
distributing the brochures during their regular path safety checks, and every
golf cart owner has received one with their renewal. What you may not
know is that the City also recently started a second education campaign, with
the Police Department giving out bicycle bells that have the Peachtree City
logo and “Audible Signal Required” printed on them. These can be attached
to the steering wheel of any cart. The front desk at City Hall also has
the bells available for those coming in to register or renew their cart.
Unfortunately, laws like
this are difficult to enforce - and having a horn or bell will not guarantee
that the cart driver will use it. Pedestrians also bear some of the
responsibility for their safety on our paths. We encourage pedestrians to
walk to the left so that they can better see oncoming golf carts and
bicycles. Many of our path users also enjoy using head phones or ear buds
while walking on the paths – unfortunately, these can block their ability to
hear a horn, bell, or friendly “on your left” called out by an approaching cart
driver or cyclist. We have had requests over the years from cyclists to
ban the use of extendable leashes on the paths that are difficult to see and
can throw cyclists from their bikes. This also isn’t really a viable
option to keep our paths open and enjoyable for the most users. Some
common sense and sound judgment is also required.
Ultimately, adopting
laws that can’t be enforced or that don’t address the problem is not really an
answer – we will continue to focus on educating all the path users on their
shared responsibilities in using our path system safely. We have
re-posted the rules on the City Facebook page this week, and will be including
a reminder in Monday’s UPDATES Newsletter.
While I realize this is
not the response you sought, I hope it demonstrates that the City has looked
very closely at the options and continues to work on educating all our path
users on their role in using our paths safely. Please let me know if you
have any questions.
Jonathan N.
Rorie, City Manager
153 Willowbend Road
Peachtree City, GA 30269
P: 770-487-5731
F: 770-631-2552
ANNEXURE 4
From: Susan Buekes
Sent: Sunday, January 29, 2017 9:09 PM
To: Jonathan Rorie
Cc: Terry Ernst ; Mike King ; Phil Prebor
Subject: Re: Golf Cart Regulations
Dear Mr Rorie
Thank you for your email
response to my communication suggesting an amendment to Peachtree City’s Code
of Ordinances, Sec. 78 -96 (f) in
particular, which falls under “Hazardous activities and special rules”
In your letter you have
described the efforts, mainly educational, that the city has made to address
the issue I have raised and I applaud those efforts. However, you then admit that laws like this
are difficult to enforce. This was
exactly the point of my letter:
Peachtree City does not have an enforceable law when it comes to having
a golf cart equipped with a bell or horn. My appeal to you and the councilors
is that you amend the relevant section of the ordinance which was quoted in my
letter to the Citizen and formed part of my letter to you.
A simple amendment to that section would solve
the problem. Here follows my suggestion,
underlined and in bold, for such an amendment:
Sec. 78-96 (f) “A warning
or announcement shall be given by operators of golf carts and other users of
the recreational paths, such as bicyclists and skaters, when approaching
pedestrians from the rear. All
bicyclists and golf cart operators shall ensure that their vehicles are
equipped with a warning device such as a horn or bell. Each user of the
recreation paths shall be considerate of the safety and welfare of other users,
and dangerous conduct will not be tolerated”.
There will then be no difficulty policing this law because, if a
golf cart is found to not be equipped with a bell or a horn, the driver will be
guilty of an offence. I therefore do not
understand your statement that “…adopting laws that can’t be enforced or that
don’t address the problem is not really an answer….” How will this law not be enforceable? You
have described in your letter that the Police Department has distributed
brochures during their regular safety checks, so surely these checks could
include a check for a bell or horn, either of which should be regarded as a
piece of equipment that enhances the safety of all who use the paths? You have
pointed out in your reply that City Hall and the Police Department have also
distributed bicycle bells embellished with Peachtree City’s logo.
What would the situation be if it was only recommended that golf carts should be registered at Peachtree City
Hall, or if it were only a recommendation
that golf carts using Peachtree City’s paths pay an annual fee? What if it was
only recommended that golf carts
should not use Highway 54, Hwy 74, Peachtree Parkway, or Crosstown Road as per
Sec. 78-93 (h)? What if the age limits on who may use a golf cart were only recommendations? I could go on…..
Accidents do happen and they can be avoided in most cases if the
driver has access to a horn or bell. It may be difficult to police whether or
not the driver utilizes the warning equipment in a given situation, but if the
driver does not have access to a warning device, how can it be used? The law
should ensure that the presence of such a device is mandatory.
As also mentioned in my letter to the Citizen, why not simply
conform to Georgia State law in this regard? The relevant clause can be found
in O.C.G.A. § 40-6-330.1. (a) (7) which reads “A
horn”. I have reread the entire section,
§ 40-6-330.1 (2016), and since I am not a lawyer, I am open to correction, but
my interpretation of § 40-6-330.1. (b)
which reads “ The requirements of
subsection (a) of this Code section shall not apply to any personal
transportation vehicles operated during daylight hours authorized by local
ordinances enacted prior to January 1, 2012.” is that any golf cart used
after sunset would need to be equipped with one of those pesky horns. This
would mean that though bells and horns have been mentioned throughout this
correspondence, it is a horn that is legally required if a golf cart is driven
on the paths at night. So possibly my suggested amendment may need further
attention.
Yours sincerely
Susan Buekes