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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: CL-)(aQ,O \ -A)- 111\-bk.A, T Holly Fimbr , Town Secretary O \t� r Town of Trophy Club, Texas ` �� w ��^✓ Q RY 1 1gb APP VED TO AS FORM: ---� David Dodd, Tow Attorney Town of Trophy Club, Texas ORD 2016-23 Page 7 of 7