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HomeMy WebLinkAbout031932 ORD - 11/19/2019 Ordinance amending Section 53-109 of the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off-highway vehicles as an allowable mode of transportation within the city, specifically North Padre Island, Mustang Island, and North Beach; and providing for a penalty. WHEREAS, Chapters 551 and 551A of the Texas Transportation Code allow operation of golf carts, neighborhood electric vehicles, and unregistered off-highway vehicles under certain circumstances; WHEREAS, Texas law allows municipalities to prohibit operation of such vehicles on public highways within the city limit if such prohibition is in the interest of safety; and WHEREAS, it is in the interest of safety of the City's residents to limit the areas in which golf carts, neighborhood electric vehicles, and unregistered off-highway vehicles may operate on public highways within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. SECTION 2. That Chapter 53 of the City Code of Ordinances, Article V, Division 1, Section 53-109, Operation of golf cart is amended by adding the underlined text and removing the struck through text, as follows: Sec. 53-109. - Operation of golf cart, neighborhood electric vehicle, or off-highway vehicle. (a) As authorized under V.T.C.A., Transportation Code §551.401(a), A person who holds a valid driver's license may operate a golf cart, neighborhood electric vehicle, or off- highway vehicle, as defined by Chapters 551 and 551A of the Texas Transportation Code, on a public highway with a posted speed limit of not more than thirtyX35-) miles per hour and may cross a highway at an intersection, including an intersection with a highway that has a posted speed limit of more than 35 miles per hour only-if: (1) Ina master planned community: (A) that has in place a uniform set of restrictive covenants; and (B) for which a county or municipality has approved a plat; (2) On a public or private beach that is open to vehicular traffic; 031932 Page 1 SCANNED (3) If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated: (A) during the daytime; and (B) not more than two miles from the location where the golf cart, neighborhood electric vehicle, or off-highway vehicle is usually parked and for transportation to or from a golf course; {�}4 If Tthe person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart, neighborhood electric vehicle or off-highway vehicle owned by the political subdivision; {2}L5j. If Tthe person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway; {3}L6_1 If Tthe person is employed by a restaurant, hotel, or tourist related business, and is transporting guests in a golf cart, neighborhood electric vehicle, or off- highway vehicle owned by the restaurant, hotel, or tourist related business, to and from the parking lots to the business; (4}g_i If Tthe person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two (2) facilities under common ownership in a golf cart, neighborhood electric vehicle, or off-highway vehicle owned by the restaurant, hotel, or tourist related business; (5)L8j If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated on a highway within the Ceity limits on Mustang Island east of S.H. 361 and north of Packery Channel; {.64i9i If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated on portions of Mustang and Padre Island within the Ceity limits that are south of Packery Channel; or (7}(10) If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated on a highway within the city limits on North Beach east of U.S. 181 and north of the Harbor Bridge. (b) A golf cart, neighborhood electric vehicle, or off-highway vehicle that is operated at a speed of not more than 25 miles per hour is required to display a slow-moving-vehicle emblem when it is operated on a public highway. The slow-moving-vehicle emblem must: (1) have a reflective surface designed to be clearly visible in daylight or at night from the light of standard automobile headlamps at a distance of at least 500 feet; Page 2 (2) be mounted base down on the rear of the vehicle and at a height that does not impair the visibility of the emblem; and (3) be maintained in a clean, reflective condition. (c) A golf cart operated on a public highway must be equipped with headlamps, taillamps, reflectors, parking brake, and mirrors. (d) The following equipment requirements apply to off-highway vehicles operated within the City limits: (1) An off-highway vehicle that is operated on public off-highway vehicle land, a beach, or a highway must be equipped with: (A) a brake system maintained in good operating condition; (B) an adequate muffler system in good working condition; and (C) a United States Forest Service qualified spark arrester. (2) An off-highway vehicle that is operated on public off-highway vehicle land, a beach, or a highway must display a lighted headlight and taillight: (A) during the period from one-half hour after sunset to one-half hour before sunrise; and (B) at any time when visibility is reduced because of insufficient light or atmospheric conditions. (e) The operator and any passengers of a golf cart, neighborhood electric vehicle, or off- highway vehicle must sit in a built-in seat and wear a safety belt if the vehicle is so equipped. (f) Any person or entity that offers golf carts, neighborhood electric vehicles, or off- highway vehicles for rent within the City limits must display a copy of this section 53-109 within the location where the vehicles are picked up or rented and in every vehicle available for rent. SECTION 3. Violation of any provision of Section 53-109 is an offense punishable in accordance with Section 1-6 of the City Code. SECTION 4. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 5. This ordinance takes effect upon publication. Page 3 That th foregoing ordinance was read for the first time and passed to its second reading on this the ay of 1 tzar, , 2015 by the following vote: Joe McComb - . Michael Hunter h_e Roland Barreraj.� Ben Molina jP Rudy Garza 31-e-- Everett Roy 1-7- Paulette 1.Paulette M. Guajardo SL Greg Smith / P--- Gil Hernandez R— That the foregoing ordinance was read for the second time and passed finally on this the day of / i 9mbe-2O4, by the following vote: Joe McComb Are__ Michael Hunter /(7/� -Q, Roland Barrera 4 sz Ben Molina .L Rudy Garza /55 'fel Everett Roy 177Q— Paulette M. Guajardo Al& Greg Smith /717 _ Gil Hernandez77 - PASSED AND APPROVED on this the /'/'day of /i/t7✓ '�, 2O . ATTEST: 46t'fAE --- 04—(449-.‘.4-1"--- R ecca Huerta J',- cComb City Secretary - sr EFFECTIVE DATE // 5 /7 0 319 3 ' Page 4 . Ca l i TimINANCE DEPARTMEN PART OF THE USA TODAY NETWORK 2019 DEC 16 AM 8.• E2 Certificate of Publication CITY OF CORPUS CHRIS TI CITY SECRETA NOTICE OF PASSAGE OF PO BOX 9277 ORDINANCE(S) NO.031932, Ordinance amending Section 53-109 of CORPUS CHRISTI,TX 78469-9277 the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off- highway vehicles as an al- STATE OF WISCONSIN) lowable mode of transpor- )) Cation within the city, spe- COUNTY OF BROWN) cifically North Padre Island, Mustang Island, and North Beach; and pro- I,being first duly sworn, upon oath depose and say that I viding for a penalty. This ordinance was passed and am a legal clerk and employee of the publisher, namely,the approved on second Corpus Christi Caller-Times,a daily newspaper published reading by the Corpus Christi City Council on No- at Corpus Christi in said City and State,generally circulated vember 19,2019. in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, /s/Rebecca Huerta Kleberg, Live Oak, Nueces, Refugio,and San Patricio, City Secretary Counties,and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times on the following dates: November 25,2019 On this November 25,2019, I certify that the attached document is a true and exact copy made by the publisher: Legal Notice erk 64. ox, Notary Public,State of isconsin, ounty of Brown 6\' (11/ Notary Expires Publication Cost:$111.70 = OTAR)- Ad No:0003914764 = =. Customer No: 1243917 = • PIJBL,c --- PO PO#: • c #ofAffidavits1 •.••••,.. O �•` This is not an invoice /''%,F0OFI\N S-\\`��