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HomeMy WebLinkAboutOrdinance - 2018-O0038 Amending Operating Of Vehicl - Amending Article 20.05 - 03/08/2018First Reading March 8, 2018 Second Reading March 22, 2018 Item No. 4.7 Item No. 7.10 ORDINANCE NO. �ni sz_nnnzsz AN ORDINANCE AMENDING ARTICLE 20.05 "OPERATION OF VEHICLES", SECTION 20.05.011 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE USE OF GOLF CARTS FOR HOLIDAY PARCEL DELIVERY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the health, safety and welfare of the citizens of the City of Lubbock to make the following amendment to Section 20.05.011 of the Code of Ordinances of the City of Lubbock, Texas in order to comply with amended state law; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; SECTION 1. THAT Section 20.05.011, of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 20.05.011 Use of golf carts for holiday parcel delivery (a) For this section, the following definitions shall apply: GoLf cart. A motor vehicle that has no less than three wheels, has a maximum speed of 25 mph, and is manufactured primarily for operation on golf courses. Holiday season. The time period from 12:00 a.m. on November 1 st until 11:59 p.m. on December 31 st of each year. O erator. Any person or entity that operates a golf cart. Residential street. Any city roadway that is primarily used for access to housing and has a speed limit of 35 mph or less. Freeways and thoroughfares shall not be considered residential streets. (b) A golf cart is allowed to operate on any residential street only if: (1) Said golf cart is being used: (A) For parcel delivery; (B) During the holiday season; (C) Within the hours of 8:00 a.m. and 6:00 p.m.; and (2) Said golf cart is equipped with functioning safety features, including: (A) Headlamps; (B) Tail lamps; (C) Reflectors; (D) Mirrors; (E) A parking brake; (F) A decal displaying the operator's business name; and (G) A slow -moving vehicle emblem as required in Texas Transportation Code section 547.001(8) and 547.104; and (3) Said golf cart bears license plates issued by the Department of Motor vehicles as provided in Section 551.452 of the Texas Transportation Code. (c) No golf cart will be allowed to operate on any road with a posted speed limit of more than 35 mph. However, a golf cart may cross a road with a posted speed limit of more than 35 mph at any intersection that utilizes a traffic -control signal. (d) No golf cart shall emit any sound, odor, light, or visible matter which serves as a distraction to persons within the public right-of-way or which unreasonably disturbs or interferes with the sleep, peace, comfort, or repose of any person with ordinary sensibilities. (e) An operator of a golf cart used for the purposes of this section must: (1) Have a valid driver's license which authorizes the operator to operate a motor vehicle on public highways; (2) Obtain, and carry proof of, at least the minimum amounts of liability insurance required by under state law; and (3) Wear a reflective safety vest while operating said golf cart. (f) It shall be unlawful for any operator to transport members of the public as passengers in any golf cart used for the purposes of this section. (g) A violation of any provision of this section shall be deemed a misdemeanor punishable as provided by section 1.01.004 of this Code of Ordinances. SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of Ordinances of the City of Lubbock. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law. AND SO IT IS ORDERED. Passed by the City Council on first reading this 8th day of March , 2018. Passed by the City Council on second reading this 22ndday of March , 2018. DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secr tar APPROVED AS TO CONTENT: Gregor . St ens, Chief of Police APPROVED AS TO FORM: elli Leisure, Assistant City Attorney Ord.Amend.Golf carts 02.16.18 3