(A) This chapter is adopted to promote the health, safety and welfare of the public.
(B) (1) Golf carts and utility vehicles are not designed or manufactured to be used on the public streets, and the town in no way advocates or endorses their operation on public roads.
(2) The town, by regulating the operation, is merely trying to address obvious safety issues, and the adoption of this chapter is not to be relied upon as a determination that operation on public streets is safe or advisable if done in accordance with this chapter.
(C) All persons who operate or ride upon golf carts or utility vehicles on public streets or roads do so at their own risk and peril, and must be observant of, and attentive to, the safety of themselves and others, including their passengers, other motorists, bicyclists and pedestrians.
(D) The town has no liability under any theory of liability, for permitting golf carts or utility vehicles to be operated on the public streets and roads under the special legislation granted by the state’s legislature.
(E) Any person who operates a golf cart or utility vehicle is responsible for procuring liability insurance sufficient to cover the risk involved in using a golf cart or utility vehicle on the public streets and roads.
(F) The Town Council must exercise its judgment concerning what roads to allow golf carts or utility vehicles to be driven upon. In exercising its judgment, the Town Council has considered the following factors:
(1) The town is a resort community, and the Beech Mountain Golf Course is an important recreational facility in the community;
(2) Golf carts and utility vehicles being driven upon roads that are main traffic arteries create a greater public safety concern;
(3) The greater the distance a golf cart or utility vehicle must be driven to reach the golf course, the greater the public safety concern; and
(4) Adopting rules and regulations concerning the operation of golf carts or utility vehicles upon public roads within the town promotes public safety.
(1989 Code, Title VI, Ch. 79, § 1) (Ord. passed 8-11-2003; Ord. 2019-03, passed 5-7-2019)