ORD 2013-11TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 10, ENTITLED "PUBLIC SAFETY", OF THE
CODE OF ORDINANCES OF THE TOWN TO ADD ARTICLE XIV
ENTITLED "MOTORIZED CARTS" TO CHAPTER 10; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN IMMUNITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY CLAUSE AUTHORIZING UPON
CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR
MORE THAN FIVE HUNDRED DOLLARS ($500.00), AS ALLOWED BY
LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE OF JUNE 1, 2013.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed
under the Constitution and the laws of the State of Texas; and
WHEREAS, the regulation of traffic is essential to the furtherance of public
health, safety and welfare; and
WHEREAS, the Texas Transportation Code authorizes the governing body of a
municipality to regulate and control the operation of Motorized Carts (golf carts only)
within the Town's legal boundaries and on its public Streets to ensure the public safety
of the community; and
WHEREAS, Town Council of the Town of Trophy Club, Texas, deems it to be in
the best interest and safety of the citizens to regulate and control the operation of
Motorized Carts (golf carts only) within the Town's legal boundaries and on its public
Streets; and
N
WHEREAS, the Town Council determines that regulating the operation of
Motorized Carts upon public streets within the Town is necessary in the interest of the
health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended to add Article XIV entitled "Motorized
Carts" which shall be and read in its entirety as follows:
14.01. Applicability/Exemptions
A. Applicability.
1. Motorized Carts. Except as expressly provided herein, the provisions of this
Article shall apply to all Motorized Carts operated upon a Street or other
specifically designated area within the Town of Trophy Club.
2. ATV and Similar Vehicles. Nothing in this Article permits the operation of
those motorized conveyances commonly referred to as ATVs, four -wheelers,
mules, gators, go-carts, and any similar gas powered conveyance on a public
roadway within the Town of Trophy Club, except when utilized by authorized
Town personnel for Town business.
3. Low Speed Vehicle and Neighborhood Electric Vehicles. Low Speed
Vehicles (LSV's) and Neighborhood Electric Vehicles (NEV's) are authorized by
the Transportation Code to be registered as a motor vehicle. If operated on the
Streets of the Town of Trophy Club, LSV's and NEV's shall be required to meet
all State and Federal safety standards and be registered as motor vehicles in
accordance with the Texas Transportation Code. A Town Permit is not required
for these vehicles.
B. Exemptions. The following use or operation of a Motorized Cart shall be
exempt from the regulations of this Article:
1. Golf Course. The operation of either a privately owned Motorized Cart or
a Motorized Cart owned or leased by a golf course or other third party
when the Cart is used only on the golf course or used only to cross a
roadway from one section of a golf course to another section of the same
course; or
2. Gated or Private Planned Community. The operation of a Motorized
Cart within a gated, private, or limited access community with private
streets, a uniform set of restrictive covenants, and a Town approved plat,
unless traffic enforcement has been requested by the homeowners living
within the community and the Town Council has approved their request;
or
3. Official Town Business. A Motorized Cart is used or operated by
personnel for the Town of Trophy Club on official police business or for
official business of the Town on property owned by or leased to the
Town; or
4. Transportation to/from Golf Course — Daytime Only. The operation of
a Motorized Cart upon a public street with a posted speed limit of not
more than thirty-five (35) miles per hour if the golf cart complies with all
requirements of the Texas Transportation Code, as amended, for the
operation of a Cart, is operated during the daytime only and not more than
two (2) miles from the location where the golf cart is usually parked and
for transportation to or from a golf course; or
5. Parade, Festival or Special Event. The operation of a Motorized Cart
when the Cart is used in connection with a parade, festival or other Town
authorized or sponsored special event, the written consent of the sponsor
is obtained, and the Cart is only used as part of such parade, festival or
special event.. Further, a Motorized Cart used in connection with such
parade, festival, or special event shall comply with all requirements set
forth in the Town issued Special Event Permit for the parade, festival, or
other special event.
14.02 Definitions. The following words, terms, and phrases, when used in this
Article, shall have the meanings provided below, except where the context clearly
indicates a different meaning.
A. Cart Operation Sticker or Sticker means a decal issued by the Town of
Trophy Club to the Owner of a Motorized Cart authorizing the operation of
the Cart upon Street(s) of the Town as authorized in this Article.
B. Daytime Operation means operation of a Cart during the period beginning
one-half hour before sunrise and ending one-half hour after sunset.
C. Driver means a person driving and having physical control over a vehicle,
including but not limited to a Motorized Cart.
D. Driver's License means an authorization issued by a State for the
operation of a motor vehicle, including but not limited to a temporary license,
provisional license, instructional permit, and an occupational license.
E. Low Speed Vehicle (LSV} means a motor vehicle that is four (4) wheeled
and has an attainable top speed of more than twenty (20) miles per hour and
not more than twenty-five (25) miles per hour on a paved level surface,
which is manufactured or retrofitted in compliance with those federal motor
vehicle safety standards for low -speed vehicles, and has a weight of less
than 3000 pounds.
F. Motorized Cart or Cart means those electric or gasoline powered carts,
commonly referred to as golf carts, but which must have a minimum of four
(4) wheels and which have an attainable top speed of less than twenty (20)
miles per hour on a paved level surface. Specifically excluded from this
definition are those motorized conveyances commonly referred to as Low
Speed Vehicles (LSV's), Neighborhood Electric Vehicles (NEV's), ATVs,
four -wheelers, mules, gators, and go-carts.
G. Nighttime means the period beginning one-half hour after sunset and
ending one-half hour before sunrise.
H. Owner means a Person who holds title to or who leases a Motorized Cart
for his own personal use or for the use of a third party, whether for private or
for commercial retail purposes.
L Parking Area means those areas accessible to the public by motor
vehicular traffic and which are designated for temporary parking of motor
vehicles, usually in place referred to as parking lots.
J. Permit or Motorized Cart Permit means a certificate/decal displaying the
month and year of its expiration, issued by the Town, and authorizing the use
of such Cart upon the Streets of the Town for either Daytime Operation or
Twenty -Four (24) Hour Operation.
K. Permit Holder means the person to whom a Motorized Cart Permit has
been issued.
L. Person means an individual, corporation, partnership, joint venture, or any
other business entity.
M. Sidewalk means the portion of a Street that is between a curb or lateral line
of a roadway and the adjacent property line and intended for pedestrian use.
N. Slow -Moving -Vehicle -Emblem means a triangular emblem that conforms to
standards and specifications and displayed in accordance with Chapter 547
of the Texas Transportation Code, as amended.
O. Street(s) means the public roadways of the Town of Trophy Club and the
private roadways for which the Texas Transportation Code has been applied
by Council action regardless of its designation as a road, alley, avenue,
highway, route, boulevard, etc. that (a) has a posted speed limit of thirty-five
(35) miles per hour or less; or (b) provides for no more than two (2) lanes of
vehicular traffic per direction; or (c) is not designated as part of either the
State or Federal highway system,
P. Twenty -Four (24) Hour Operation means operation of a Cart during both
Daytime and Nighttime.
Q. Traffic Way is any land way open to the public as a matter of right or
custom for moving persons or property from one place to another. The
Traffic Way includes all property, both improved and unimproved, between
the property lines of a roadway system.
R. Business Days shall mean Monday through Friday, 8:00 AM — 5:00 P
excluding Town observed holidays. i
14.03. Operational Regulations.
A. Operation of Cartl Compliance with Traffic Laws. A Driver may operate a
Motorized Cart for which a valid Motorized Cart Permit has been issued
during the hours authorized by the Permit issued for his/her Cart under
§14.05 of this Article. 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.
B. Drivers License Required. A Driver of a Motorized Cart shall be at least
sixteen (16) years of age, hold a valid Texas Driver's License and shall abide
by all state and local traffic regulations applicable to vehicular traffic when
operating a Motorized Cart upon the Streets and Parking Areas of the Town.
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.
D. Crossing Intersections. A Driver shall not operate a Motorized Cart upon
any portion of a Street or Traffic Way having a posted speed greater than
thirty-five (35) miles per hour; provided however, that a Person may cross an
intersection, including a road or street that has a posted speed limit of more
than thirty-five (35) miles per hour as authorized by the Texas Transportation
Code, as amended. A Driver of a Motorized Cart may cross a multi -lane or a
federal, county or state route only at an intersection controlled by an official
traffic control device which stops traffic from all directions.
E. Lane Usage. A Motorized Cart is entitled to full use of a lane on the
authorized Streets and Parking Areas of the Town and no motor vehicle shall
be driven in such a manner as to deprive any Motorized Cart of the full use of
a lane. A Driver shall not operate a Motorized Cart between lanes of traffic or
between adjacent lines or rows of vehicles.
F. Passing. A Driver of a Motorized Cart shall not overtake and pass in the
same lane occupied by the vehicle being overtaken. While being overtaken
and passed, the Driver of a Motorized Cart may utilize the calming lanes
found on Trophy Club Drive, Indian Creek Drive, and Trophy Wood Drive.
G. Maximum Number of Occupants. The number of occupants in a Motorized
Cart shall be limited to the number of persons for whom seating capacity is
provided on the vehicle. The operator and all occupants shall be seated upon
the seat of the vehicle and no part of the body of the operator or occupant
shall extend outside the perimeter of the vehicle while the vehicle is being
operated except while signaling turns or stops. A Driver shall not permit any
occupant of a Cart to ride in the lap of any occupant or stand on the rear of
the vehicle while the vehicle is in motion.
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.
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 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.
1. Towing Prohibited. Except as expressly allowed in this Article, Motorized
Carts shall not be used for the purpose of towing another Cart, trailer, vehicle
of any kind or a Person, including without limitation a Person on roller skates,
skateboard, bicycle, or other wheeled device. A person employed by a golf
course may tow a Cart for the purpose of relocating the Cart from one portion
of a golf course to another portion of the same golf course and may cross a
roadway while doing so.
A. General. It shall be unlawful for a Person to operate a Motorized Cart on the
Streets of the Town if a Permit has not been issued for the Cart, 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.
1. Daytime Operation. Except as expressly exempted from this Article,
each Motorized Cart permitted for Daytime Operation and operated upon
a Street(s) within the Town shall be required to meet the minimum
equipment standards specified in this Article. A Daytime Operation Permit
shall not be issued for a Motorized Cart that does not meet the following
minimum equipment standards:
a. Operational headlamps (2 required);
b. Operational tail lamps (2 required);
c. Side reflectors (2 front: amber in color and 2 rear: red in color);
d. Stop lamps (2 required);
e. Operational parking brake;
f. An exterior mirror mounted on the Driver's side of the vehicle and either
an exterior mirror mounted on the passenger's side of the vehicle or an
interior mirror (capable of a clear unobstructed view of at least two
hundred (200) feet to the rear);
g. Slow -Moving -Vehicle -Emblem on the rear;
h. Horn (audible for a distance of two hundred (200) feet in compliance
with Texas Transportation Code, Section 547.501, as amended); and
i. A windshield..
All required equipment for a Motorized Cart shall meet Texas and Federal Motor
Vehicle Safety Standards.
2 Twenty -Four (24) Hour Operation. Except as expressly exempted from
this Article, each Motorized Cart permitted for Twenty -Four (24) Hour
Operation upon a Street(s) within the Town shall be required to meet the
minimum equipment standards specified in this Article. A Twenty -Four (24)
Hour Operation Permit shall not be issued for a Motorized Cart that does not
meet the following minimum equipment standards:
a. Operational headlamps (2 required);
b. Operational tail lamps (2 required);
c. Side reflectors (2 front: amber in color and 2 rear: red in color);
d. Stop lamps (2 required);
e. Front and rear turn signal lamps;
f. Operational parking brake;
g. An exterior mirror mounted on the Driver's side of the vehicle and either
an exterior mirror mounted on the passenger's side of the vehicle or an
interior mirror (capable of a clear unobstructed view of at least two
hundred (200) feet to the rear);
h. Slow -Moving -Vehicle -Emblem on the rear;
i. Horn (audible for a distance of two hundred (200) feet in compliance with
Texas Transportation Code, Section 547.501, as amended); and
i. A windshield.
C. Exhaust System for Gasoline Powered Motorized Carts. In addition to the
above listed equipment, every Motorized Cart powered by gasoline shall at all
times be equipped with an exhaust system in good working order, in constant
operation and meeting the following specifications:
1. The exhaust system shall include the piping leading from the flange of the
exhaust manifold to and including the muffler and exhaust pipes or including
any and all parts specified by the manufacturer.
2. The exhaust system and its elements shall be securely fastened with brackets
or hangers, which are designed for the particular purpose of fastening
motorized cart exhaust systems
D. Atmospheric Emissions. It shall be unlawful for the Owner of any Motorized
Cart to operate or permit the operation of such Cart without a properly installed
device controlling or abating atmospheric emissions. It shall be unlawful for a
Cart Owner, Cart Manufacturer or any other third party to render such emissions
device unserviceable by removal, alteration or by any other action which
interferes with its operation.
14.05 Permits and Cart Operation Stickers.
A. Permit Required / Cart Operation Sticker.
1. Daytime Operation Permit. A Person shall not operate, cause to be
operated, or allow the operation of Motorized Cart on a Street in the
Daytime Hours unless a valid Permit has been issued for that Motorized
Cart; provided however, that a Permit shall not be required for operation of
a Motorized Cart that is expressly exempted from this Article under
Section 2.01(8). Upon Town approval of a completed Permit application
for a Daytime Operation Permit and compliance with all requirements of
this Article, a Daytime Cart Operation Sticker shall be issued to the Owner
of a Motorized Cart. It shall be a violation for a Person to place a Cart
Operation Sticker upon any Motorized Cart other than the one for which
the Sticker was issued.
2. Twenty -Four (24) Hour Operation Permit. A Person shall not operate,
cause to be operated, or allow the operation of Motorized Cart on a Street
unless a valid Permit has been issued for that Motorized Cart; provided
however, that a Permit shall not be required for operation of a Motorized
Cart that is expressly exempted from this Article under Section 2.01(B).
Upon Town approval of a completed Permit application and compliance
with all requirements of this Article, a Cart Operation Sticker shall be
issued to the Owner of a Motorized Cart. It shall be a violation for a
Person to place a Cart Operation Sticker upon any Motorized Cart other
than the one for which the Sticker was issued.
B. Location of Cart Operation Sticker / Damaged, Lost, or Stolen Sticker. A
Cart Operation Sticker shall be permanently affixed to the left side of the
Motorized Cart to which it was issued, in such a manner that it is clearly visible
from fifty (50) feet. The Sticker shall not be damaged, altered, obstructed, or
otherwise made illegible. It shall be a violation for a person to operate a
Motorized Cart upon a Street without having the Sticker required for the use of
the Cart properly displayed as required by this Article. If a Sticker is damaged,
lost, or stolen, the Owner may obtain a replacement Sticker upon compliance
with procedural requirements adopted by the Town and payment of applicable
fees.
C. Permit Application. An application for Permit under this Article shall be made
by a Person who owns or leases a Cart for use upon the Streets or who leases
a Cart to third parties for use upon the Streets. An application shall be filed with
the Trophy Club Police Department in a form determined appropriate by the
Trophy Club Police Department. The Application form shall contain information
as determined appropriate and necessary by the Town to ensure compliance
with this Article.
D. Inspection Required. As part of the Permit application process, each Motorized
Cart shall be inspected by a person(s) and at a location(s) designated by the
Chief of Police to determine compliance with the requirements of this Article. If a
Cart fails inspection because it fails to meet one or more of the requirements of
this Article, the person inspecting the Cart shall provide an Owner with written
notice of the deficiency or deficiencies. A Permit shall not be issued unless a
Cart passes inspection and meets all requirements of this Article.
E. Financial Responsibility. At the time of Cart inspection, an applicant shall
provide proof of financial responsibility (liability insurance) meeting the minimum
state requirements for liability insurance for motor vehicles. A Permit shall not be
issued unless valid proof of financial responsibility is provided to the Town. It
shall be a violation for a person to operate a Motorized Cart on a Street without
current valid financial responsibility meeting the minimum state requirements for
motor vehicles.
F. Fee: Permits and Stickers shall be valid for a period of two (2) years from the
date of issuance. The following fees shall be paid by an applicant at the time of
application for Permit or for replacement Sticker:
1. Initial inspection by Police Department - $25.00 (includes Permit/Sticker)
2. Re -inspection by Police Department (if a Motorized Cart fails the initial
inspection) - $10.00
3. Bi -annual renewal of the Permit - $25.00.
4. Replacement Sticker - $10.00
G. Changes in Ownership, Storage Address, or Speed Range. A Permit Holder
shall notify the Trophy Club Police Department in writing within ten (10) business
days if the ownership of a Motorized Cart with a current valid Permit is
transferred out of the name of the Permit Holder, if the storage address listed on
the Permit application is changed, or if a Motorized Cart has been retrofitted to
have a top speed exceeding the maximum limits allowed for a Motorized Cart
under this Article. The information shall be submitted on a form designated by the
Chief of Police.
H. Revocation, A Permit may be revoked if a Permit Holder or Driver is convicted
of three (3) violations of this Article or of State law within an eighteen (18) month
period. For purposes of revocation, participation in a deferred disposition
program shall be counted as a conviction. The Chief of Police is authorized to
make a determination whether revocation under this section is authorized. A
Permit Holder or Driver may appeal the determination of the Chief of Police to the
Town Manager, whose decision shall be final.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the operation of Motorized Carts within 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. Notwithstanding the foregoing, any
complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed
Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall be deemed to remain and continue in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof 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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
IMMUNITY
The adoption of this Article by the Town Council is not intended to be and shall
not be construed or deemed to have waived any immunity or defense that would
otherwise be available to the Town against claims arising by or from the exercise of
governmental powers and functions or the failure to exercise any governmental powers
or functions. By adoption of this Article, the Town Council does not intend nor should it
be construed that the Town Council has intended to or created any obligations, express
or implied, to the users of public roadways or to any member or members of the general
public.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
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.
go==
101 1--94 W-11 I LOR I
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
This Ordinance shall take effect from and after June 1, 2013 in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the To f Trophy Club,
I
Texas, this the 22nd day of April, 2013. 71"
e Whfitd, Mayor
of Trophy Club, Texas
0 F 7'N
-AI
041\
ATTEST*
Amy Piukana, TFynSecretary
Town of Trophyp lu u , Texas
Patricia A. Adams, Town Attorney