GOLF CARTS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER’S LICENSE. A valid license issued to operate a motor vehicle issued by North Carolina or any other state.
FINANCIAL RESPONSIBILITY. Liability insurance coverage on a golf cart in an amount not less than required by state law for motor vehicles operated on public highways in the state.
GOLF CART. A electric vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 mph.
(G.S. § 20-4.01)
OPERATOR. Only persons over 16 years of age and holding a valid driver’s license may operate a golf cart.
(Ord. passed - -2018)
(A) This subchapter is enacted in furtherance of the town’s authority to define, prohibit, regulate or abate acts, omissions or conditions, detrimental to the health, safety or welfare of its citizens and the peace and dignity of the town, as granted per G.S. § 160A-174, and its authority to regulate the operation of golf carts within its municipal limits or on property owned or leased by the town, as granted per G.S. § 160A-300.6.
(B) This subchapter is applicable to the operation of a golf cart within the town.
(Ord. passed - -2018)
(A) General. The operation of golf carts is allowed on the public streets, roads and highways within the town and on property owned or leased by the town only upon the issuance of a special event permit and in compliance with the provisions of this subchapter shall be permitted; however, it shall be unlawful to operate any golf cart that is not properly registered with the town or to operate any golf cart at any place or in any manner not authorized herein.
(B) Exceptions. The operation of golf carts is not subject to the provisions of this subchapter under the following circumstances:
(1) The operation of golf carts at golf courses, private clubs or on private property, with the consent of the owner; or
(2) The operation of golf carts within gated or limited access communities unless the streets of the community are dedicated for public use and maintained by the town.
(C) Special event permit required. A golf cart regulated under this section may be used upon roads specified in a special event permit, which may be obtained from the Town Manager. Such permits shall not exceed a 48-hour period, and any individual or organization may not obtain more than four permits for any calendar year, and shall be issued for certain hours of daylight operation and upon such roads as may be set forth in the permit. The Town Manager, in reviewing the special event permit, may deny such permit only if:
(1) The proposed use of the golf cart presents a risk to the safety of the users of the golf cart, the general public, the motoring public or property within the town; or
(2) The proposed use of the golf cart would unnecessarily delay or hinder the movement of traffic within the town.
(Ord. passed - -2018) Penalty, see § 74.99
No person who is less than 16 years of age or who does not have a valid driver’s license issued under or granted by the laws of North Carolina or some other state, may operate a golf cart on any public street, road or highway within the town or on any property owned or leased by the town. For purposes of this section, a learner’s permit shall not be considered as a valid driver’s license, nor shall any license that has been revoked, temporary or otherwise, or suspended for any reason, be considered as a valid driver’s license, during the period of suspension or revocation.
(Ord. passed - -2018) Penalty, see § 74.99
(A) Required.
(1) No golf cart may be operated on any public street, road or highway within the town or on property owned or leased by the town unless the golf cart has first been registered with the town’s Police Department, as required herein.
(2) The registration shall be renewed thereafter in accordance with the provisions of this section. To evidence the registration, the owner shall be issued a limited use permit which shall be displayed in a prominent, visible place on the rear fender of the golf cart or at such other place as may be approved by the town.
(3) The permit may contain a registration number assigned for the particular golf cart and may contain an expiration date.
(B) Registration fee. A registration fee in the amount as may be established and published in the Schedule of Fees and Charges adopted by the Town Council from time to time, as amended, shall be paid to the town at the time the application for registration is filed with the town or for any renewal of the application.
(C) Application.
(1) The application for registration shall be made to the town’s Police Chief or his or her designee, or to some other person designated by him or her, on forms provided by the town.
(2) The application may, among other things, require the owner’s name, street address, mailing address, a phone number, the make, model and identification or serial number of the golf cart, proof of insurance and such other information as may be reasonably required as well as a release or disclaimer of liability by the town for accidents involving the registered golf cart.
(D) Procedures. The Police Chief for the town or his or her designee may establish written procedures, consistent with this subchapter, setting out the process and the procedure, including the form of the application, the check list for items to be inspected and the type of sticker, plate or tag evidencing the issuance of the registration permit.
(E) Inspection. Prior to issuing the initial registration permit or any renewal thereof, the golf cart shall either be inspected or in place of inspection, the Police Chief may require photographs submitted of the golf cart, to determine that:
(1) The golf cart is equipped with a rear vision mirror and at least two red rear reflectors at least three inches in height and width;
(2) The golf cart is equipped with a reflective “slow moving sign” or “flag” on the rear of the cart;
(3) The brakes provided by the manufacturer of the golf cart are in proper working order;
(4) The golf cart has all of the standard safety features provided by the manufacturer and has not been modified to exceed a speed of 20 mph, nor otherwise modified in any way that creates a hazard; and
(5) The golf cart is equipped with all mechanical systems and safety equipment required by this subchapter.
(F) Denial and revocation. The initial registration of a golf cart may be denied or subsequently revoked by the Police Chief or his or her designee if it is determined that:
(1) The application contains any material misrepresentation;
(2) Financial responsibility requirements of the state (liability insurance) has not been met;
(3) The golf cart is not in compliance with the requirements set out above;
(4) The golf cart has been altered or customized and no longer meets the definition of a golf cart;
(5) Equipment supplied by the manufacturer, especially safety equipment, has been removed from the golf cart or the vehicle identification or serial number removed; or
(6) Other good cause shown including repeated violations of this subchapter.
(G) Financial responsibility. The owner of a golf cart required to be registered with the town for use on the public streets and highways of the town shall maintain in full force and effect and continuously throughout any period of registration, the financial responsibility in the minimum amounts and in the manner defined and described in G.S. Ch. 20, Art. 9A, as amended, or any other law of the state requiring financial responsibility for the registration and/or operation of a motor vehicle.
(H) Disqualified vehicles. ATVs, four-wheel utility vehicles and other similar utility vehicles which are not manufactured for operation on a golf course and golf carts which have been modified so that it no longer meets the definition of a golf cart, may not be registered as a golf cart nor shall such vehicles be operated on the public roads, streets and highways within the town unless such vehicles are otherwise registered with and allowed under the motor vehicle laws of the state.
(Ord. passed - -2018) Penalty, see § 74.99
Operation of a golf cart pursuant to this subchapter must comply at all times with this subchapter and the motor vehicle laws of the state, in addition to the following conditions.
(A) Golf carts shall not be operated on or alongside a public road or street with a posted speed limit greater than 35 mph.
(B) Golf carts may cross a road with a posted speed limit greater than 35 mph. Once this segment of the road has been traversed, the golf cart is still required to travel only on or along a roadway with a speed limit of 35 mph or less. Golf carts must cross in a manner that is the most direct route in order to decrease crossing distance.
(C) Any operator shall adhere to all state and local laws regarding the possession and use of alcoholic beverages and illegal drugs. No golf cart may contain any open container of alcohol.
(D) Any operator shall not allow the number of people on the golf cart at any one time to exceed the maximum capacity specified by the manufacturer. The operator shall not allow passengers to ride on any part of the golf cart not designed to carry passengers.
(E) No golf cart shall operate at a speed in excess of 20 mph.
(F) Golf carts must be operated on the right edge of the roadway and must yield to all vehicular and pedestrian traffic.
(G) No golf cart may be parked on any sidewalk.
(H) Hand signals for turns are required if the golf cart is being operated without a mechanical turn signal indicator.
(Ord. passed - -2018) Penalty, see § 74.99
(A) Disclaimer. Golf carts are not designed for use, nor manufactured to be used, on public streets and the town neither advocates nor endorses the golf cart as a safe means of travel on public streets, roads and highways. The town in no way shall be liable for accidents, injuries or death involving the operation of a golf cart.
(B) Assumption of risk. Any person who owns, operates or rides upon a golf cart on a public street, road or highway within the town does so at his or her own risk and peril and assumes all liability resulting from the operation of the golf cart.
(Ord. passed - -2018)
(A) As provided in G.S. § 14-4(a), any person who violates this chapter shall be guilty of a Class 3 misdemeanor and subject to a fine of up to $500 for each violation.
(B) Any person who violates this chapter shall be subject to a civil penalty in the amount of $100. In the event there is more than one violation within any one-year period, then the civil penalty shall be increased for each additional violation over one during such period, as follows:
(1) Second offense within one year: $250;
(2) Third offense within one year: $500;
(3) Fourth offense within one year: $750; and
(4) Fifth and any subsequent offense within one year: $1,000.
(C) This chapter may also be enforced by an appropriate equitable action.
(D) As provided in G.S. § 160A-175(f), any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(Ord. passed - -2018)