(A) Definition. Unless the context requires otherwise, the definitions found in G.S. § 20-4.01 apply throughout this section. As specified in G.S. § 20-4.01(12a), a GOLF CART is a 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 miles per hour. The definition of GOLF CART is republished here for convenience only, and the definition set out in the North Carolina General Statutes, as amended from time to time, is controlling for all purposes.
(B) Operation. The operation of golf carts where the posted speed limit is 35 miles per hour or less on (“eligible”) public streets, roads, and highways within the corporate limits of the town in compliance with the provisions of this section is permitted; however, it shall be unlawful to operate any golf cart at any place or in any manner that is not authorized herein. Notwithstanding the immediately preceding sentence, the operation of golf carts is not subject to the provisions of this section 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 of the property;
(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;
(3) The use of golf carts by town personnel for official business on property owned or leased by the town; and
(4) The operation of golf carts in connection with a properly permitted parade or as street festival/special event so long as the person or entity in charge of the parade or event consents to the use of the golf cart, the golf cart is only used during the parade or event, and the public street, road, or highway upon which the golf cart is operated has been closed by order of the proper governmental authorities.
(C) Use by minors. No person who is less than 16 years of age may operate a golf cart on any public street, road, or highway within the town. Additionally, it is unlawful for a person to operate a golf cart on any public street, road, or highway within the town without having in his or her possession a valid driver’s license issued in accordance with the laws of North Carolina or another state.
(D) Required equipment. No person may operate a golf cart on any public street, road, or highway within the town unless it is in compliance with the following standards:
(1) The golf cart is equipped with a rear vision mirror and at least two red reflectors that are at least three inches in height and width on the rear of the golf cart;
(2) The golf cart is equipped with a reflective “slow moving vehicle” sign on the rear of the golf cart that conforms with generally accepted highway safety standards in North Carolina;
(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 miles per hour nor otherwise modified in any way that creates a hazard; and
(5) The golf cart is equipped with any other mechanical systems and safety equipment required for compliance with the provisions found in this section.
(E) Revocation of use. The use of a golf cart may be denied or subsequently revoked by the Carthage Chief of Police or his or her designee if it is determined that:
(1) The golf cart is not in compliance with one or more of the requirements prescribed by this section;
(2) The golf cart has been altered or customized and no longer meets the definition of a “golf cart;” or
(3) Equipment installed by the manufacturer, specifically including without limitation safety equipment and the vehicle identification or serial number, has been removed from the golf cart.
(F) Rules of operation. It is unlawful to operate a golf cart on a public street designated for golf carts in any manner that fails to comply with the following requirements:
(1) Only the number of people the golf cart was designed to seat may ride on the golf cart at any single point in time. By way of illustration and not limitation, passengers shall not be transported on the part of a golf cart designed to carry golf bags.
(2) A golf cart must not be operated at a speed greater than reasonable and prudent for the existing conditions, and in no instance at a speed greater than 20 miles per hour.
(3) No golf cart may be operated in a careless and reckless manner.
(4) Golf carts must be operated to the extreme right of the roadway and must yield to all vehicular and pedestrian traffic.
(5) Golf carts are permitted to operate on public streets only during daylight hours unless the cart is equipped with at least one operating headlight that has, at a minimum, a 55 watt halogen, or equal, bulb on the front of the golf cart and two operating tail lights on either side of the rear of the golf cart. If the lighting specified in the immediately preceding sentence is installed and operational, such a golf cart may operate for one hour before sunrise and one hour past sunset.
(6) Golf carts must be operated in accordance with all applicable state and local laws and ordinances, including without limitation all laws, regulations, and ordinances pertaining to the possession and use of alcoholic beverages.
(G) Other vehicles. All terrain vehicles, four-wheel utility vehicles, and other similar utility vehicles that are not manufactured for operation on a golf course as well as golf carts that have been modified so as to no longer conform with the prescribed definition of “golf cart” may not be allowed under this section, and these types of vehicles are not permitted to operate 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 of North Carolina.
(H) Non-liability. Golf carts are neither designed for nor manufactured to be used on public streets, and the Town of Carthage neither advocates nor endorses the golf cart as a safe means of travel on public streets, roads, and highways. Any person who operates or rides upon a golf cart on a public street, road, or highway within the town, or encourages others to use a golf cart owned by the individual for such purposes and activities, does so at his or her own risk and peril.
(Ord. passed 9-21-2010)