Alley or alleyway means any street with a roadway of less than 20 feet in width.

Transcription

1 BILL NO ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF NIXA, MISSOURI, AMENDING CHAPTER 20-TRAFFIC AND VEHICLES, ARTICLE I- IN GENERAL, SECTION DEFINITIONS AND SECTION STATE OPERATOR S LICENSE REQUIRED AND FUTHERMORE, ADDING SECTION OPERATION OF GOLF CARTS ON CITY STREETS AND HIGHWAYS AND SECTION GOLF CART SPECIAL USE PERMITS IN THE ORDINANCES OF THE CITY OF NIXA, MISSOURI WHEREAS, the City Council of Nixa, Missouri has found a need to amend the Code of the City of Nixa; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NIXA, MISSOURI, AS FOLLOWS: Section I: Chapter 20-Traffic and Vehicles, Article I-In General, Section 20-1-Definitions and Section State Operator s License Required shall be amended and furthermore, adding Section Operation of Golf Carts on City Streets and Highways and Section Golf Cart Special Use Permits to read as follows: Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley or alleyway means any street with a roadway of less than 20 feet in width. All-terrain vehicle means any motorized vehicle manufactured and exclusively for off-highway use which is 50 inches or less in width, with an unladen dry weight of 600 pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control. Authorized emergency vehicle means a vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or constable or deputy sheriff, traffic officer or any privately-owned vehicle operated as an ambulance when responding to emergency calls. Business district means the territory contiguous to and including a highway when, within any 600 feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet collectively on both sides of the highway. Central business (or traffic) district means all streets and portions of streets within the area described by city ordinance as such. Commercial vehicle means every vehicle designed, maintained, or used primarily for the transportation of property.

2 Controlled access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway. Crosswalk means: (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway. (2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of passengers or materials. Daytime hours mean that time between ½ hour before sunrise and ½ hour before sunset. Drive, driving, operates or operating means physically driving or operating a motor vehicle. Driver means every person who drives or is in actual physical control of a vehicle. Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of passengers or materials. Golf cart means a motor vehicle that is designed and manufactured for operating on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour. Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Intersection means: (1) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict. (2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. Intoxicated condition means a person is under the influence of alcohol, a controlled substance, or drug or any combination thereof. Jurisdiction means the legal right, authority, or power to make and enforce regulations for the direction or control of vehicles and traffic on a street, alley or highway.

3 Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. Law enforcement officer or arresting officer means any public servant having both the power and duty to make arrests for violations of the laws of this state, federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States, and military police officers conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state. Motor vehicles means any self-propelled vehicles not exclusively on tracks except farm tractors. Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor. Motorized bicycle means any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. No passing zones means zones determined from an engineering study and indicated by signs or markings, where overtaking and passing is deemed unsafe, and under this chapter is deemed unlawful. Nonresident means every person who is not a resident of the city. Official time standard means whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the city. Official traffic control devices mean all signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Owner includes: (1) A person who holds the legal title to a vehicle; (2) In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or mortgagor shall be deemed the owner. Park or parking means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Pedestrian means any person afoot. Police officer means every officer of the city police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

4 Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner, but not by other persons. Residence district means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. Residents means and includes all persons who shall have been domiciled within the city for more than one month including corporations that have filed with the state secretary of state an address within the city. Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. Signs means a lettered board, or the like, of metal, plastic, or other materials, regardless of the type of material it is made of, placed in a public place to give notice. Speed zones means zones determined from an engineering study and indicated with posted prima facie speed numeral signs or markings which designate maximum reasonable speeds, travel in excess of which is unlawful. Stand or standing means the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers. State highway means a highway maintained by the state as a part of the state highway system. Stop, when required, means complete cessation of movement. Stop or stopping, when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control signs or signal. Street or highway means the entire width between the lines of every way publicly maintained when any part thereof is open to the use of the public for the purpose of vehicular travel. Substance abuse traffic offender program means a program certified by the division of alcohol and drug abuse of the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense. Successful completion of such a program includes participation in any education or rehabilitation program

5 required to meet the needs identified in the assessment screening. The assignment recommendations based upon such assessment shall be subject to judicial review as provided in subsection 7 RSMo Through highway means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign when such signs are erected as provided in this chapter. Traffic means pedestrians, vehicles and other conveyances, either singly or together while using any street, alley or highway for the purpose of travel. Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. Traffic division means the traffic division of the police department of the city, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the police department of the city. Truck route means an exclusive, designated route for commercial vehicles, in excess of 7,000 pounds, when traversing in and/or throughout the city's incorporated boundaries. Vehicle means any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons. Sec State operator's license required. No person shall operate a motor vehicle, golf cart, or motorized bicycle on any public street unless such person shall have a valid operator's or chauffeur's license recognized under the laws of the state or other state. Sec Operation of golf carts on city streets and highways. (a) Golf carts may be operated on city streets and roadways during daytime hours where the speed limit does not exceed 25 miles per hour, in full compliance with this ordinance, this Chapter, and state law. Golf carts may not be operated in excess of 20 miles per hour. In addition, in order to operate any such golf cart, the following requirements must be met and followed: 1) Operators of golf carts may cross excluded streets or roadways but otherwise may not operate a golf cart on any excluded street or roadway; however, golf carts may not cross or be operated on any state highway. 2) All golf cart operators must abide by all traffic regulations applicable to vehicular traffic on authorized streets and parking areas of the city. 3) All golf carts operating pursuant to this ordinance must have a valid special use permit issued by the City of Nixa in accordance with Section ) All golf carts must be operated in a safe and responsible manner to insure the safety of its passengers as well as other people, vehicles, and property.

6 5) All golf cart operators and passengers shall be seated while the golf cart is in motion. All operators and passengers shall be restrained by seat belts or child safety seats. 6) No person shall authorize or knowingly permit any golf cart owned or controlled by him or her to be operated in any manner that violates this Section, this Chapter, or state law. 7) All golf carts operated in accord with this Section shall be insured and such proof of insurance shall specifically list the golf cart by the serial number and year of model. The insurance shall be available upon request. The insurance on the golf cart must comply with the requirements of Section (b) Golf carts shall constitute vehicles for purposes of Sections , , and (c) Any person who shall violate any of the provisions of this Section or Section , or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of five hundred dollars ($500.00) in accordance with Section 1-9 of these Ordinances. Each day the violation exists shall constitute a separate offense. Sec Golf Cart Special Use Permits. All golf carts operated on city streets or roadways shall be registered with the City and issued a permit yearly. The City Clerk shall prepare an application form for the special use permit and charge a fee of fifteen dollars ($15.00) for each permit. A sticker with identifying numbers shall be attached to the rear of the registered golf cart and be visible for inspection upon request. A permit issued pursuant to this section shall be issued for a single golf cart and is not transferrable to other golf carts. Section II: All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed. Section III: This ordinance shall be in full force and effect from and after the date of its passage. READ TWO (2) TIMES AND PASSED BY THE CITY COUNCIL FOR THE CITY OF NIXA, MISSOURI THIS 27 th DAY OF AUGUST PRESIDING OFFICER ATTEST: CITY CLERK

7 APPROVED THIS DAY OF AUGUST ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY

8 Nixa Police Department P.O. Box W. Center Circle Nixa, Missouri Emergency: 911 Office: Fax: To: Cindy Robbins, Doug Colvin, City Council, Mayor Steele From: Jimmy Liles Date: 08/23/18 Subject: Golf Cart usage on city streets Per Council s direction, Tim Ricker amended and drafted the following ordinances to allow the use of golf carts on city streets with a speed limit of less than 25 mph. Section 20-1 was amended to define daytime hours and to define a golf cart. Section was amended to add golf carts to the list of vehicles that require a state operator s license. Section is a new ordinance allowing the use of golf carts with the restrictions that were discussed during the last council meeting. Section in a new ordinance allowing the City to issue a yearly permit. Thanks, Jimmy NPD Form 53 ( ) Letter Head Page 1 of 1

9 Sec Definitions. (Amended) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley or alleyway means any street with a roadway of less than 20 feet in width. All-terrain vehicle means any motorized vehicle manufactured and exclusively for off-highway use which is 50 inches or less in width, with an unladen dry weight of 600 pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control. Authorized emergency vehicle means a vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or constable or deputy sheriff, traffic officer or any privately owned vehicle operated as an ambulance when responding to emergency calls. Business district means the territory contiguous to and including a highway when, within any 600 feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet collectively on both sides of the highway. Central business (or traffic) district means all streets and portions of streets within the area described by city ordinance as such. Commercial vehicle means every vehicle designed, maintained, or used primarily for the transportation of property. Controlled access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway. Crosswalk means: (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway. (2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of passengers or materials. Daytime hours means that time between ½ hour before sunrise and ½ hour before sunset. Drive, driving, operates or operating means physically driving or operating a motor vehicle.

10 Driver means every person who drives or is in actual physical control of a vehicle. Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of passengers or materials. Golf cart means a motor vehicle that is designed and manufactured for operating on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour. Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Intersection means: (1) The area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict. (2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. Intoxicated condition means a person is under the influence of alcohol, a controlled substance, or drug or any combination thereof. Jurisdiction means the legal right, authority, or power to make and enforce regulations for the direction or control of vehicles and traffic on a street, alley or highway. Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. Law enforcement officer or arresting officer means any public servant having both the power and duty to make arrests for violations of the laws of this state, federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States, and military police officers conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state. Motor vehicles means any self-propelled vehicles not exclusively on tracks except farm tractors. Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. Motorized bicycle means any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters, which

11 produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. No passing zones means zones determined from an engineering study and indicated by signs or markings, where overtaking and passing is deemed unsafe, and under this chapter is deemed unlawful. Nonresident means every person who is not a resident of the city. Official time standard means whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the city. Official traffic control devices means all signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Owner includes: (1) A person who holds the legal title to a vehicle; (2) In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or mortgagor shall be deemed the owner. Park or parking means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Pedestrian means any person afoot. Police officer means every officer of the city police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner, but not by other persons. Residence district means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. Residents means and includes all persons who shall have been domiciled within the city for more than one month including corporations that have filed with the state secretary of state an address within the city.

12 Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Sidewalk means that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. Signs means a lettered board, or the like, of metal, plastic, or other materials, regardless of the type of material it is made of, placed in a public place to give notice. Speed zones means zones determined from an engineering study, and indicated with posted prima facie speed numeral signs or markings which designate maximum reasonable speeds, travel in excess of which is unlawful. Stand or standing means the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers. State highway means a highway maintained by the state as a part of the state highway system. Stop, when required, means complete cessation of movement. Stop or stopping, when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control signs or signal. Street or highway means the entire width between the lines of every way publicly maintained when any part thereof is open to the use of the public for the purpose of vehicular travel. Substance abuse traffic offender program means a program certified by the division of alcohol and drug abuse of the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense. Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening. The assignment recommendations based upon such assessment shall be subject to judicial review as provided in subsection 7 RSMo Through highway means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.

13 Traffic means pedestrians, vehicles and other conveyances, either singly or together while using any street, alley or highway for the purpose of travel. Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. Traffic division means the traffic division of the police department of the city, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the police department of the city. Truck route means an exclusive, designated route for commercial vehicles, in excess of 7,000 pounds, when traversing in and/or throughout the city's incorporated boundaries. Vehicle means any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons. (Prior Code, 12-1; Ord. No. 1588, )... Sec State operator's license required. (AMENDED) No person shall operate a motor vehicle, golf cart, or motorized bicycle on any public street unless such person shall have a valid operator's or chauffeur's license recognized under the laws of the state or other state.... Sec Operation of golf carts on city streets and highways. (NEW) (a) Golf carts may be operated on city streets and roadways during daytime hours where the speed limit does not exceed 25 miles per hour, in full compliance with this ordinance, this Chapter, and state law. Golf carts may not be operated in excess of 20 miles per hour. In addition, in order to operate any such golf cart, the following requirements must be met and followed: 1) Operators of golf carts may cross excluded streets or roadways but otherwise may not operate a golf cart on any excluded street or roadway; however, golf carts may not cross or be operated on any state highway. 2) All golf cart operators must abide by all traffic regulations applicable to vehicular traffic on authorized streets and parking areas of the city. 3) All golf carts operating pursuant to this ordinance must have a valid special use permit issued by the City of Nixa in accordance with Section ) All golf carts must be operated in a safe and responsible manner to insure the safety of its passengers as well as other people, vehicles, and property.

14 5) All golf cart operators and passengers shall be seated while the golf cart is in motion. All operators and passengers shall be restrained by seat belts or child safety seats. 6) No person shall authorize or knowingly permit any golf cart owned or controlled by him or her to be operated in any manner that violates this Section, this Chapter, or state law. 7) All golf carts operated in accord with this Section shall be insured and such proof of insurance shall specifically list the golf cart by the serial number and year of model. The insurance shall be available upon request. The insurance on the golf cart must comply with the requirements of Section (b) Golf carts shall constitute vehicles for purposes of Sections , , and (c) Any person who shall violate any of the provisions of this Section or Section , or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of five hundred dollars ($500.00) in accordance with Section 1-9 of these Ordinances. Each day the violation exists shall constitute a separate offense. Sec Golf Cart Special Use Permits. (New) All golf carts operated on city streets or roadways shall be registered with the City and issued a permit yearly. The City Clerk shall prepare an application form for the special use permit and charge a fee of fifteen dollars ($15.00) for each permit. A sticker with identifying numbers shall be attached to the rear of the registered golf cart and be visible for inspection upon request. A permit issued pursuant to this section shall be issued for a single golf cart and is not transferrable to other golf carts.