ORD 2016-23 TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-23
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS;
AMENDING SECTION 1.08.031, "DEFINITIONS" OF DIVISION 2,
"PARKS AND RECREATION BOARD", OF ARTICLE 1.08, "PARKS
AND RECREATION", OF CHAPTER 1, "GENERAL PROVISIONS" OF
THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ADD A
DEFINITION FOR MOTORIZED CARTS; AMENDING SUBSECTIONS
(1), (3), AND (7) OF SECTION 1.08.062, "VEHICULAR REGULATIONS"
OF DIVISION 3, "PARK REGULATIONS", OF ARTICLE 1.08, "PARKS
AND RECREATION", OF CHAPTER 1, "GENERAL PROVISIONS" OF
THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ALLOW
GOLF CARTS IN DESIGNATED AREAS; AMENDING SECTION
12.07.002, "DEFINITIONS," SECTION 12.07.003, "OPERATIONAL
REGULATIONS," SECTION 12.07.004, "EQUIPMENT," AND SECTION
12.07.005, "PERMITS AND CART OPERATION STICKERS" OF
ARTICLE 12.07, "MOTORIZED CARTS", OF CHAPTER 12, "TRAFFIC
AND VEHICLES" OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES TO ALLOW FOR VARIOUS AMENDMENTS INCLUDING
THE ADMISSION OF GOLF CARTS IN DESIGNATED AREAS AND TO
REMOVE THE PERMITTING REGULATION OF GOLF CARTS;
PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING
FOR AMENDMENTS; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is
a home rule municipality empowered to do all acts and make all regulations which may
be necessary or expedient for the promotion of the public health, safety and general
welfare; and
WHEREAS, Staff has reviewed the existing Ordinance governing the use of
motorized carts upon park property within the Town and has determined it necessary
and appropriate to recommend that Council make various amendments to Chapter 1,
"General Provisions" and Chapter 12, "Traffic and Vehicles" of The Town of Trophy Club
Code of Ordinances; and
WHEREAS, the establishment of additional regulations and prohibitions is
needed for the orderly operation of motorized carts upon Town park properties and
facilities; and
WHEREAS, the Town Council has reviewed the proposed amendments and
finds them necessary and appropriate in the interest of the public health, safety and
welfare.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above premises are true and correct and are hereby incorporated in the
body of this Ordinance as if fully set forth herein.
SECTION 2.
CHAPTER 1 "GENERAL PROVISIONS" AMENDMENTS
2.01 Section 1.08.031, "Definitions" of Division 2, "Parks and Recreation Board", of
Article 1.08, "Parks and Recreation", of Chapter 1, "General Provisions" of the Town of
Trophy Club Code of Ordinances is hereby amended to add a definition for "Motorized
cart or cart" in alphabetical order as part of the existing list of "Definitions" so that the
new definition shall be and read in its entirety as follows and all other definitions not
expressly amended hereby shall remain the same:
"CHAPTER 1 GENERAL PROVISIONS
ARTICLE 1.08 PARKS AND RECREATION
Division 2. Parks and Recreation Board
Section 1.08.031 Definitions
Motorized cart or cart. Those electric or gasoline powered motor vehicles,
commonly referred to as golf carts, but which must have a minimum of four (4)
wheels, which have an attainable top speed of less than twenty (20) miles per hour
on a paved level surface, and which have a valid Motorized Cart Permit issued in
accordance with Article 12.07, "Motorized Carts". Specifically excluded from this
definition are those motorized conveyances commonly referred to as low speed
vehicles (LSV's), neighborhood electric vehicles (NEV's), all terrain vehicles (ATV's),
four-wheelers, Mules, Gators, and go-carts.
2.02 Subsections (1), (3), and (7) of Section 1.08.062 "Vehicular regulations" of
Division 3, "Park Regulations" of Article 1.08, "Parks and Recreation", of Chapter 1,
"General Provisions" of the Town of Trophy Club Code of Ordinances are hereby
amended to allow for motorized carts to travel within and to park within designated
areas of the Town parks and trails so that Subsections (1), (3), and (7) shall be and
read in their entirety as follows:
"CHAPTER 1 GENERAL PROVISIONS
ORD 2016-23 Page 2 of 7
ARTICLE 1.08 PARKS AND RECREATION
Division 3. Park Regulations
Section 1.08.062 Vehicular Regulations
(1) Operate a motorized cart at a rate of speed in excess of fifteen (15) miles per
hour upon a drive, a designated area of a trail, a road or parking lot within or
upon park property unless such area is otherwise posted.
(3) Operate a vehicle, device, motorized assisted scooter or other motorized device
including, but not limited to vehicles known as ATV's anywhere within the playing
boundaries of a sports field.
(7) Cause or allow either an operable or an inoperable motor vehicle or motorized
cart to remain on any parking area for a period of more than twenty-four (24)
continuous hours."
SECTION 3.
CHAPTER 12 "TRAFFIC AND VEHICLES" AMENDMENTS
3.01 Section 12.07.002, "Definitions" of Article 12.07, "Motorized Carts", of Chapter
12, "Traffic and Vehicles" of the Town of Trophy Club Code of Ordinances is hereby
amended to remove certain definitions and to modify the "Motorized cart or cart"
definition so that the new definition shall be and read in its entirety as follows and all
other definitions not expressly amended hereby shall remain the same:
"CHAPTER 12 TRAFFIC AND VEHICLES
ARTICLE 12.07 MOTORIZED CARTS
Section 12.07.002 Definitions
[REMOVE] Cart Operation Sticker or Sticker
[REMOVE] Daytime Operation
Motorized cart or cart. Those electric or gasoline powered motor vehicles,
commonly referred to as golf carts, but which must have a minimum of four (4)
wheels, which have an attainable top speed of less than twenty (20) miles per hour
on a paved level surface, and which have a valid Motorized Cart Permit issued in
accordance with Article 12.07, "Motorized Carts". Specifically excluded from this
definition are those motorized conveyances commonly referred to as low speed
vehicles (LSV's), neighborhood electric vehicles (NEV's), all terrain vehicles (ATV's),
four-wheelers, Mules, Gators, and go-carts.
ORD 2016-23 Page 3 of 7
[REMOVE] Nighttime
[REMOVE] Permit Holder
[REMOVE] Permit or Motorized Cart Permit
[REMOVE] Business Days"
3.02 Subsections (a), (c), and (h) of Section 12.07.003, "Operational regulations" of
Article 12.07, "Motorized Carts", of Chapter 12, "Traffic and Vehicles" of the Town of
Trophy Club Code of Ordinances are hereby amended to remove the nighttime
restriction of golf cart usages and to allow for golf carts on designated paths and in
designated areas so that the amended subsections shall be and read in their entirety as
follows:
"CHAPTER 12 TRAFFIC AND VEHICLES
ARTICLE 12.07 MOTORIZED CARTS
Section 12.07.003 Operational Regulations
(a) Operation of cart/compliance with traffic laws. A driver may operate a motorized
cart within the Town Limits of The Town of Trophy Club. Except as provided
herein, while operating a motorized cart upon street(s) of the town a driver shall
comply with all laws applicable to carts and other motor vehicles as set forth in
this article, the Texas Transportation Code, as amended, and other state laws. A
driver shall be subject to citation for all violations of this article, the Texas
Transportation Code, and other applicable state law.
(c) Sidewalk or pedestrian way. A driver shall not operate a motorized cart on any
sidewalk, pedestrian walkway, jogging path, park trail, or any location normally
used for pedestrian traffic, unless such operation is by police or other authorized
town personnel acting in an official capacity and performing an official duty, or
specifically authorized by another section in the Code of Ordinances.
(h) Parking. A driver of a motorized cart may park a cart only in the same manner
and at the same places designated for the parking of motor vehicles or motorized
carts. The stopping, standing or parking of motorized carts in an area where
parking is not allowed or in any place or manner, that impedes the flow of traffic,
pedestrian walkways, or a passageway is prohibited. A driver shall not park a
motorized cart within a space designated for disabled persons unless a current
disabled parking placard is displayed on the cart and the person to whom the
placard was issued is operating or being transported in the motorized cart.
Notwithstanding the foregoing, a property owner may designate an area outside
ORD 2016-23 Page 4 of 7
of a parking area specifically for the use of motorized carts, provided that the
area is marked with appropriate signage and that the parking of a cart in that
area does not obstruct a fire lane, ingress or egress to a building, and does not
interfere with the flow of vehicular traffic in a parking area.
3.03 Subsection (a) of Section 12.07.004, "Equipment" of Article 12.07, "Motorized
Carts", of Chapter 12, "Traffic and Vehicles" of the Town of Trophy Club Code of
Ordinances is hereby amended to remove the permitting requirements of golf carts and
to allow golf carts anywhere authorized by the Code of Ordinances so that the amended
subsection shall be and read in its entirety as follows:
"CHAPTER 12 TRAFFIC AND VEHICLES
ARTICLE 12.07 MOTORIZED CARTS
Section 12.07.004 Equipment
(a) General. It shall be unlawful for a person to operate a motorized cart on the
streets of the town or anywhere authorized by the Code of Ordinances if the
motorized cart does not meet all minimum equipment standards, if required
liability insurance for the cart is not maintained, or if a person fails to comply with
any other requirement of this article.
(b) Required Equipment
Motorized Cart Operation. Except as expressly exempted from this article, each
motorized cart operating upon a street(s) within the town shall be required to
meet the minimum equipment standards specified in this article:
(A) Operational headlamps (2 required);
„
3.04 Section 12.07.005, "Permits and Cart Operation Stickers" of Article 12.07,
"Motorized Carts", of Chapter 12, "Traffic and Vehicles" of the Town of Trophy Club
Code of Ordinances is hereby repealed in its entirety to remove the permitting
requirements of golf carts.
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town and
shall not repeal any of the provisions of such ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
ORD 2016-23 Page 5 of 7
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Home Rule Charter of the Town.
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
ORD 2016-23 Page 6 of 7
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this 9th day of
August 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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David Dodd, Tow Attorney
Town of Trophy Club, Texas
ORD 2016-23 Page 7 of 7