ANNEXURE 7
From: Vanessa Fleisch
Sent: Monday, February 27, 2017 12:43 PM
To: susan@thewormalds.com
Cc: City Council and City Manager ; Ted Meeker
Subject: FW: Golf cart law or rule?
Dear Ms. Buekes,
Thank you again for
expressing your concerns at our February 16 meeting. I have reviewed your
original request and Mr. Rorie’s responses (full thread included below). I also
consulted with our City Attorney, Mr. Meeker from whom I received the following
response:
"State law already
establishes the equipment requirement. A city ordinance is not necessary
to implement it, and would in fact be duplicative."
Ted
Given the facts, I
remain in agreement that Peachtree City's ordinance does not need to be amended.
Thank you again,
Vanessa Fleisch
Mayor
ANNEXURE 8
Sec.
78-93. - Operation regulations.
(a) Those persons who
are 16 years of age and older may drive a motorized cart on the recreation
paths and/or streets and those areas accessible by the public of the city
unless such person has had his or her license to operate a motor vehicle
suspended or revoked by the state which issued said license in which case such
person shall not be permitted to operate a motorized cart on the recreation
paths and/or streets and those areas accessible by the public of the city
during the time of suspension or revocation.
(b) Those persons who are
15 years of age but not yet 16 years of age may drive a motorized cart on the
recreation paths and/or streets and those areas accessible by the public of the
city:
(1) If he or she does
not have in his or her possession a valid instructional permit issued by the
state pursuant to O.C.G.A. § 40-5-24, as may be amended, and has not had his or
her instructional permit suspended or revoked, then he or she shall be
accompanied in the front seat by a person at least 18 years of age who holds a
valid motor vehicle driver's license or he or she shall be accompanied in the
front seat by a parent, grandparent or legal guardian; or
(2) If he or she has in
his or her possession a valid instructional permit issued by the state pursuant
to O.C.G.A. § 40-5-24, as may be amended, and is unaccompanied by a licensed
driver as provided in subsection (b)(1), or is unaccompanied by a parent,
grandparent or legal guardian as provided in subsection (b)(1), then he or she
may be accompanied in the vehicle by up to one other person who must be at
least 15 years of age, or he or she may be accompanied by up to three immediate
family members.
(c) Those persons who
are 12 years of age but not yet 15 years of age may drive a motorized cart on
the recreation paths and/or streets and those areas accessible by the public of
the city if they are accompanied in the front seat by a parent, grandparent or
legal guardian.
(d) No person under the
age of 12 shall be permitted to drive a motorized cart on the recreation paths
and/or streets and those areas accessible by the public of the city under any
circumstances.
(e) All operators shall
abide by all traffic regulations applicable to vehicular traffic when using the
recreation paths, streets and those areas accessible by the public in the city.
Where cart paths exist, they must be used in preference to parallel city
streets with the exclusion of those cart paths privately owned and maintained
by the Flat Creek and Braelinn clubs as part of the golf courses and not used
by the general public.
(f) Motorized carts and
LSMVs shall not be operated on sidewalks at any time.
(g) Motorized carts may
be operated over those authorized streets, recreational paths and those areas
accessible by the public only during daylight hours unless such motorized carts
are equipped with functional headlights and taillights.
(h) No motorized cart
shall be permitted to operate over, along, or across Highway 74, Highway 54,
Peachtree Parkway or Crosstown Road between Peachtree Parkway and Highway 74
within the boundaries of the city except where authorized crossings are
provided.
(i) It shall be
unlawful for the owner of any motorized cart or LSMV or any other person
operating, employing, permitting the use of or otherwise directing the use of
such motorized cart or LSMV to operate or permit the operator of any motorized
cart or LSMV to drive over the recreational paths, streets or those areas
accessible by the public in the city in violation of this article.
(j) LSMV. Only persons
possessing a valid license issued by the state, other state of the United
States of America, or international agency which permits such person to operate
a motor vehicle on the highways of the state may operate a LSMV on the paved
recreational paths or streets located within the territorial boundaries of the
city.
(k) No LSMV shall be
permitted to operate on any street of which the posted speed limit exceeds 35
miles per hour. Except as prohibited above, LSMVs shall be permitted to cross
over streets of which the posted speed limit exceeds 35 miles per hour.
(l) EPAMD. Only persons
possessing a valid driver's license, or in lieu of a driver's license, persons
who are at least 18 years of age and older, may operate an EPAMD on the paved
recreational paths or streets located within the territorial boundaries of the
city.
(m) No EPAMD shall be
permitted to operate on, over, along, or across Highway 74, Highway 54,
Peachtree Parkway or Crosstown Road between Peachtree Parkway and Highway 74
within the boundaries of the city except where authorized pedestrian crossings
are provided. No EPAMD shall be permitted to operate on any street of which the
posted speed limit exceeds 35 miles per hour. Except as prohibited above,
EPAMD's shall be permitted to cross over streets of which the posted speed
limit exceeds 35 miles per hour.
(n) EPAMDs shall be
equipped with the following: front, rear, and side reflectors which shall be
visible from a distance of 300 feet when directly in front of lawful upper
beams of headlights on a motor vehicle; a system that when employed will enable
the operator to bring the device to a controlled stop; and, if the device is
operated between one-half hour after sunset and one-half hour before sunrise, a
lamp emitting a white light which, while the device is in motion, illuminates
the area in front of the operator for a distance of 300 feet.
(o) No person shall
operate an EPAMD at a speed greater than seven miles per hour when traveling on
any path or sidewalk or 15 miles per hour or any other city right-of-way. (This
again is limited by state law, see O.C.G.A. § 40-6-322).
(p) No person shall
operate an EPAMD with more than a single user at any time.
(Code 1980, § 19-32; Ord. No. 779, 12-20-2001; Ord. No.
786, 9-5-2002; Ord. No. 790, 9-19-2002; Ord. No. 924, § 1, 12-6-2007; Ord. No.
963, § 1, 12-18-2008; Ord. No. 1017, § 5, 1-6-2011)