Ordinance No. 2008-008

AN ORDINANCE TO AUTHORIZE AND REGULATE 
THE OPERATION OF GOLF CARTS

	Whereas, from time to time certain issues come before the City which warrant the establishment of a new ordinance:

	Whereas, it is the intent of the City of Springfield to establish an ordinance regarding the use of Golf Carts on designated roadways within the City of Springfield;

	Whereas, this Ordinance is created under the laws of the Commonwealth of Kentucky which allows a governing body of a local government to authorize and regulate the operation of a golf cart on any public roadway under its jurisdiction if the local government adopts an ordinance designating roadways that are open for golf car use.

	NOW THEREFORE, be it resolved by the City of Springfield that the City hereby adopts, establishes and ordains as follows:

(1)	As used in this section:
(a)	“Golf Cart” means any self-propelled vehicle that:
1.	Is designed for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course;
2.	Has a minimum of four (4) wheels;
3.	Is designed to operate at a speed of not more than twenty-five (25) miles per hour;
4.	Is designed to carry not more than six (6) persons including the driver;
5.	Has a maximum gross vehicle weight of two thousand five hundred (2,500) pounds;
6.	Has a maximum rated payload capacity of one thousand two hundred (1,200) pounds; and
7.	Meets the federal motor vehicle safety standards for low-speed vehicles set forth in 49 CFR 571.500; and
(b)	“Local government” means a city, county, charter county government, urban county government, consolidated local government, unified local government, or a special district.
(2)	The Springfield City Council may authorize and regulate the operation of a golf cart on any public roadway under its jurisdiction by specifying each roadway that is open for golf cart use.
(3)	
This ordinance shall require that a golf cart operated on a designated public roadway:
	      (a)  Be inspected by a certified inspector designated by the county sheriff and 			certified through the Department of Vehicle Regulation to ensure that the 			golf cart complies with the requirements of this section.  The inspection 			fee under this paragraph shall not exceed five dollars ($5) with an 				additional fee not to exceed ten dollars ($10) per trip charged if it becomes 		necessary for the certified inspector to travel to the site of the golf cart 			rather than having the golf cart brought to the sheriff’s inspection area.
	     (b)  	Golf carts which bear an official permit issued by the City shall be 				numbered and affixed to the lower left side (driver’s side) of the 				windshield of the vehicle.  The City Treasurer shall prepare an application 			form for the special permit and charge a yearly fee of twenty-five dollars 			($25) for each permit issued annually beginning October 1, 2008.  				Subsequent renewals of the permit shall be due on or before January 			fifteenth (15th) of each year.  There shall be no proration of the fee for any 			permit issued after January fifteenth (15th)) and all permits issued after 			January fifteenth (15th) shall expire on January 15th of the following year.  		Insurance and proof of inspection by a certified inspector shall be 				presented prior to issuance of an official permit. Permits issued for 2009 			will include October, November and December of 2008. 
(4)	    A person may operate a golf cart on a designated public roadway if:
	    (a) 	The posted speed limit of the roadway is thirty-five (35) miles per hour or 			less;
	    (b)   The operator of the golf cart does not cross a roadway at an intersection 			where the roadway being crossed has a posted speed limit of more than 			thirty-five (35) miles per hour.
	     (c)	The operator has a valid operator’s license in his or her possession;
	     (d)	The golf cart is being operated between sunrise and sunset; and
	     (e)	The golf cart displays a slow-moving vehicle emblem in compliance with 			KRS 189.820.
(5)	   The number of occupants in the golf cart may not exceed the design occupant  	  	    load as specified by the manufacturer. 		
(6)	    A golf cart operating on a public roadway shall be insured in compliance with 		    KRS 304.39-080 by the owner or operator, and the proof of insurance shall be 	   	    inside the golf cart at all times of operation on a public roadway.
(7) 	    Any person operating a golf cart on a public roadway shall be subject to the  	  	    traffic regulations of KRS Chapter 189.
(8) 	    A golf cart operating on a designated public roadway is not considered to be 	   	     motor a vehicles and is exempt from:
	     (a)	Title requirement of KRS 186.020;
	     (b)	 Vehicle registration requirements of KRS 186.050; and
           (c)   Emissions compliance certificates pursuant to KRS 224.-20.720.
(9)	     The Transportation Cabinet may prohibit the operation of a golf cart on a 		     public roadway that crosses a state-maintained highway under its jurisdiction if 	     it determines that such prohibition is necessary in the interest of public safety.
(10)    The provisions of this section shall not apply to a golf cart that is not used on a 		     public roadway except to cross a roadway while following a golf cart path on 	  	     a golf course.

PENALTY PROVISION:  Any person violating the provisions of this ordinance shall, upon conviction of a first offense, be fined not less than $25.00 nor more than $100.00.  Any person convicted of a subsequent violation of this ordinance within two years of a prior conviction, shall be fined not less than $100.00 nor more than $250.00.

	A.      PASSAGE

         This Ordinance became effective upon its second reading, passage and publication. 

                                                  City of Springfield, Kentucky 

Signed by Mayor John W. Cecconi and attested by Laurie Smith, City Clerk