ORDINANCE NO. 07-02

AN ORDINANCE OF BAY COUNTY, FLORIDA AMENDING CHAPTER 24 OF THE BAY COUNTY CODE, ARTICLE II CREATING NEW SECTIONS 24-58 THROUGH 24-61; AUTHORIZING THE OPERATION OF GOLF CARTS ON CERTAIN PUBLIC ROADS IN UNINCORPORATED BAY COUNTY, WITH THE EXCEPTION OF SPECIFIED ROADS; REGUUTING THE OPERATION OF GOLF CARTS ON PUBLIC ROADS; REQUIRING THE POSTING OF APPROPRIATE SIGNS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, § 316.212, Florida Statutes authorizes counties to designate certain county roads for lawful operation of golf carts, if the County determines such operation of golf carts is safe, and to regulate said operations; and

WHEREAS, the Sheriff of Bay County has studied the safety of golf cart Operations on certain Bay County roads; and

WHEREAS, pursuant to § 316.189, Florida Statutes, the speed limit on all County roads, not otherwise posted, is 30 miles per hour; and

WHEREAS, the Board of County Commissioners finds that daytime operation of golf carts on certain public roads with a speed limit of 30 miles per hour or less is safe and is in the best interests of the people of Bay County.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BAY COUNTY, AS FOLLOWS:

SECTION 1. AMENDMENT OF CHAPTER 24, ARTICLE fl, CREATING SECTIONS 24-58 THROUGH 24-61OF THE BAY COUNTY CODE. Chapter 24, Article IT, of the Bay County Code is hereby amended by the creation and inclusion of the following new sections.

Sec.24-58. Operation of Golf Carts on Bay County Roads.

1. Persons with valid drivers' licenses shall be allowed to operate golf carts, which are defined in § 320.01 (22), Florida Statutes as motor vehicles designed and manufactured for operation on a golf course for sporting and recreational purposes and 'that are not capable of exceeding speeds of 20 miles per hour, on all public roads within those portions of unincorporated areas of Bay County located south of the Intracoastal Waterway (ICW), subject to the following limitations:

A. Prohibition of Operation on Certain Roads.

(1) Golf carts shall not be operated on the following public roads:

(i) Any road designated and numbered as a US Highway, a State Road, or a County Road; and

(ii) Any road on which the speed limit exceeds 30 miles per hour; and

(2) Golf carts shall be authorized to cross roads specified in subsection 1 (A) above only at such points designated and marked by the Florida Department of Transportation or by Bay County. Interested residents may apply to the County Manager to have crossing points designated on roads within the county road system that have been authorized for operation of golf carts by this Chapter. The County Manager is hereby delegated authority to determine which crossing points shall be designated and appropriately marked. on roads within the county road system. Crossing points on all roads within the State Highway System may only be authorized by the Florida Department of Transportation.

Section 24-59. Regulation of Golf Cart Operation.

1. Golf carts may only be operated on authorized roads by operators with valid, current drivers• licenses, and only during the hours from sunrise to sunset.

2. Golf carts must be operated in accordance with all traffic regulations, and their operation must not obstruct nor interfere with normal traffic flow.

3. Golf carts must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear.

4. A golf cart shall not be operated with more occupants than the number for which it was designed to carry safely.

Section 24-60. Posting of Appropriate Signs.

1. Bay County shall post appropriate signs on authorized roads indicating that the operation of golf carts is allowed.

Section 24-61. Penalties for Violations.

1. A violation of this Ordinance shall be a non-criminal traffic infraction, punishable pursuant to Chapter 318, Florida Statutes

SECTION 2. SEVERABILITY. If any part of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.

SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective when filed with the Florida Department of State.

PASSED AND ADOPTED this day 6th day of February 2007.